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DE RIVERA v. 3051 FULTON L.L.C.

Index No. 21934/19E. Appeal No. 115. Case No. 2022-01530.

215 A.D.3d 596 (2023)

188 N.Y.S.3d 36

2023 NY Slip Op 02184

Maria Nunez de Rivera, Plaintiff, v. 3051 Fulton L.L.C., Appellant, and Fulton Street 99c Inc., Respondent.

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

Decided April 27, 2023.

Attorney(s) appearing for the Case

Hannum, Feretic, Prendergast & Merlino, LLC, New York ( Paul B. Josephs of counsel), for appellant.

Iaconis Fusco LLP, Malverne ( Christopher G. Conway of counsel), for respondent.

Concur— Renwick, A.P.J., González, Kennedy, Higgitt, JJ.

Order, Supreme Court, Bronx County (Leticia M. Ramirez, J.), entered on or about March 4, 2022, which granted defendant Fulton Street 99c Inc.'s (tenant) motion for leave to reargue, and upon reargument, denied defendant 3051 Fulton L.L.C.'s (landlord) motion for summary judgment on its indemnification cross claim against tenant, unanimously reversed, on the law, without costs, to the extent of conditionally granting defendant...

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