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CHERRY OPERATING LLC v. CPS FEE CO. LLC

Index No. 652464/20. Appeal No. 292. Case No. 2022-02442.

216 A.D.3d 544 (2023)

187 N.Y.S.3d 658

2023 NY Slip Op 02761

Cherry Operating LLC, Appellant, v. CPS Fee Company LLC, Respondent, et al., Defendant.

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

Decided May 23, 2023.

Attorney(s) appearing for the Case

Goldberg Weprin Finkel Goldstein LLP, New York ( Matthew Hearle of counsel), for appellant.

Schlam Stone & Dolan LLP, New York ( Richard H. Dolan of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered November 19, 2022, which granted defendant CPS Fee Company LLC's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

As part of the consideration for a sale of property that ultimately became a mixed-use condominium, the parties entered into an option agreement under which plaintiff had the option to purchase a parking...

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