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FAÇADE TECH., LLC v. CNY CONSTR. 701 LLC

Index No. 653587/19. Appeal No. 276&M-1665. Case No. 2022-02575.

216 A.D.3d 509 (2023)

187 N.Y.S.3d 232

2023 NY Slip Op 02613

Façade Technology, LLC, Appellant, v. CNY Construction 701 LLC et al., Respondents, et al., Defendants.

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

Decided May 16, 2023.

Attorney(s) appearing for the Case

Cohen Seglias Pallas Greenhall & Furman PC, New York ( Jason A. Copley of counsel), for appellant.

Rich, Intelisano & Katz, LLP, New York ( Robert J. Howard of counsel), for respondents.

Motion for a stay of the underlying proceedings pending resolution of the appeal, denied.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered May 13, 2022, which denied plaintiff's motion to certify the seventh cause of action of its verified complaint as a class action, unanimously affirmed, without costs.

Plaintiff, a subcontractor at a construction project near Times Square, seeks to recover unpaid amounts for the labor, materials, equipment, and services it allegedly furnished to defendant...

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