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PINEDA v. 525 SMA OWNER LLC

Index No. 24970/19E. Appeal No. 217. Case No. 2022-05413.

216 A.D.3d 475 (2023)

187 N.Y.S.3d 46

2023 NY Slip Op 02468

Carlos Rodolfo Trochez Pineda, Respondent, v. 525 SMA Owner LLC et al., Defendants, and Triple C Builders, LLC, Appellant.

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

Decided May 9, 2023.

Attorney(s) appearing for the Case

Wood Smith Henning & Berman LLP, New York ( Kevin T. FitzPatrick of counsel), for appellant.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for respondent.

Concur—Webber, J.P., Kern, Friedman, Mendez, Shulman, JJ.

Order, Bronx County (Lucindo Suarez, J.), entered October 14, 2022, which, to the extent appealed from, denied defendant Triple C Builders, LLC's motion to dismiss the complaint pursuant to CPLR 3211(a)(7) and for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Triple C's motion to dismiss the complaint pursuant to CPLR 3211(a)(7) was correctly denied, as plaintiff's complaint states a cause of action against Triple C. Triple C did...

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