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LUCKY OF 195 MADISON ST. ROOFING & CONTR. INC. v. CREIF 109 LLC

Index No. 153437/17. 595086/21. Appeal No. 80. Case No. 2022-03341.

215 A.D.3d 558 (2023)

187 N.Y.S.3d 39

2023 NY Slip Op 02065

Lucky of 195 Madison Street Roofing & Contracting Inc., Plaintiff, v. Creif 109 LLC et al., Defendants. Creif 109 LLC, Third-Party Plaintiff-Respondent, v. Lyndon Chin et al., Third-Party Defendants, and Stephen Seung, Third-Party Defendant-Appellant.

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

Decided April 20, 2023.

Attorney(s) appearing for the Case

Philip A. Greenberg, P.C., New York ( Philip A. Greenberg of counsel), for appellant.

Ganfer Shore Leeds & Zauderer LLP, New York ( Mark A. Berman of counsel), for respondent.

Concur—Oing, J.P., González, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered July 18, 2022, which, to the extent appealed from as limited by the briefs, denied third-party defendant Stephen Seung's motion to dismiss the third-party complaint as against him, unanimously affirmed, with costs.

Third-party plaintiff Creif 109 LLC sufficiently alleged a fraud claim against Seung. Seung prepared a legal opinion letter, addressed it to Creif, and expressly represented that Creif could...

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