WEST 125TH ST. REALTY LLC v. CHOSEN REALTY CORP.

152859/21. Appeal No. 243. Case No. 2022-02546.

216 A.D.3d 525 (2023)

190 N.Y.S.3d 306

2023 NY Slip Op 02630

West 125th Street Realty LLC, Respondent, v. Chosen Realty Corp., Appellant, et al., Defendants.

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

Decided May 16, 2023.


Attorney(s) appearing for the Case

Nathan M. Ferst , New York, for appellant.

Ershowsky Verstandig PLLC, Lawrence ( Michael B. Ershowsky of counsel), for respondent.

Concur—Kern, J.P., Friedman, Gesmer, Moulton, Rodriguez, JJ.


Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about May 10, 2022, which denied defendant Chosen Realty Corp.'s motion to dismiss the complaint as against it, unanimously reversed, on law and the facts, without costs, and the motion granted.

The court denied Chosen's motion to dismiss the complaint against it on the ground that plaintiff pleaded viable causes of action to invalidate an easement and for fraud based on purported allegations...

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