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BLDG 44 DEVS. LLC v. PACE COS. N.Y., LLC

Index Nos. 595631/20, 650390/20. Appeal No. 17238. Case No. 2022-00476.

213 A.D.3d 405 (2023)

182 N.Y.S.3d 121

2023 NY Slip Op 00483

BLDG 44 Developers LLC, Plaintiff, v. The Pace Companies New York, LLC, Doing Business as The Pace Companies, Defendant/Third-Party Plaintiff-Appellant. Automated Logic Corporation et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York ( Robert A. Banner of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for Automated Logic Corporation, respondent.

Polsinelli PC, New York ( Aaron E. Zerykier of counsel), for Elite Consulting Systems Corp. and Premier Insulation Services Corp., respondents.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Shulman, Pitt-Burke, JJ.

Amended Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about December 27, 2021, which, to the extent appealed from as limited by the briefs, granted the motions of third-party defendants Automated Logic Corporation (Automated) and Elite Consulting Systems Corp. (Elite) to dismiss the amended third-party complaint as against them for lack of standing under section 130 of the New York General Business Law, unanimously reversed, on the law, with costs...

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