CANYON STERLING EMERALD, LLC v. 4 S DEV., LLC

2020-03348. Index No. 514687/18.

212 A.D.3d 767 (2023)

182 N.Y.S.3d 192

2023 NY Slip Op 00299

Canyon Sterling Emerald, LLC, Respondent, v. 4 S Development, LLC, Appellant.

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

Decided January 25, 2023.


Attorney(s) appearing for the Case

Klein Slowik, PLLC (Law Offices of Marvin B. Mitzner, LLC, New York, NY [ Mikhail Y. Sheynker ], of counsel), for appellant.

Akerman, LLP, New York, NY ( Steven M. Cordero of counsel), for respondent.

Rivera, J.P., Maltese, Ford and Taylor, JJ., concur.


In an action for declaratory relief, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Francois A. Rivera, J.), dated February 11, 2020. The order and judgment, upon an oral decision of the same court rendered November 12, 2019, denied the defendant's motion for summary judgment on its counterclaim, granted the plaintiff's cross motion for summary judgment on the complaint and dismissing the defendant's counterclaim, dismissed...

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