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TSAI v. LO

Index No. 653375/20. Appeal No. 17154. Case No. 2022-03618.

212 A.D.3d 547 (2023)

183 N.Y.S.3d 77

2023 NY Slip Op 00291

May R. Tsai, Respondent, v. Mark Paul Lo et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 24, 2023.

Attorney(s) appearing for the Case

Huang, Chen & Wu PLLC, Flushing ( Song Chen of counsel), for appellants.

Holihan & Associates, P.C., Richmond Hill ( Stephen Holihan of counsel), for respondent.

Concur—Kern, J.P., Gesmer, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Debra James, J.), entered March 11, 2022, which granted plaintiff's motion under CPLR 3211(a)(1) and (7) to dismiss defendants' counterclaims, unanimously modified, on the law, to reinstate defendants' counterclaim for breach of contract seeking specific performance and monetary relief, and otherwise affirmed, without costs.

Defendants' answer sets forth five counterclaims: breach of contract, specific performance, detrimental...

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