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228 W 72 LLC v. 228A W. 72 LLC

Index No. 652601/21. Appeal No. 17411-17412. Case Nos. 2022-01655, 2022-01657.

213 A.D.3d 608 (2023)

184 N.Y.S.3d 46

2023 NY Slip Op 01057

228 W 72 LLC, Appellant, v. 228A West 72 LLC et al., Respondents.

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

Decided February 28, 2023.

Attorney(s) appearing for the Case

Rabinowitz, Galina & Rosen, Mineola ( Daniel Rabinowitz of counsel), for appellant.

Rosenberg & Estis, P.C., New York ( Peter B. Kane of counsel), for 228A West 72 LLC, respondent.

Butler, Fitzgerald, Fiveson & McCarthy, New York ( David K. Fiveson of counsel), for First American Title Insurance Company, respondent.

Concur—Kern, J.P., Oing, Kennedy, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Laurence Love, J.), entered on or about October 20, 2021, which granted the motions of defendants 228A West 72 LLC and First American Title Insurance Company to dismiss the complaint, unanimously affirmed, with costs. Order, same court and Justice, entered February 14, 2022, which granted defendant 228A West 72 LLC's motion to reargue, and upon reargument, granted its request for an award...

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