MARION SCOTT REAL ESTATE INC. v. RIVERBAY CORP.

Index No. 653953/14. Appeal No. 395. Case No. 2022-01593.

217 A.D.3d 453 (2023)

188 N.Y.S.3d 506

2023 NY Slip Op 02976

Marion Scott Real Estate Inc., Appellant, v. Riverbay Corporation, Respondent.

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

Decided June 6, 2023.


Attorney(s) appearing for the Case

Redmond Law PLLC, New York ( Jennifer Redmond of counsel), for appellant.

Khader Law, P.C., Yonkers ( Michael J. Khader of counsel), for respondent.

Concur— Renwick, A.P.J., Kern, Singh, Scarpulla, Higgitt, JJ.


Order, Supreme Court, New York County (Gerald Lebovits, J.), entered February 15, 2022, which, insofar as appealed from as limited by the briefs, granted summary judgment to defendant on its counterclaims for negligence (the first counterclaim) and breach of contract (the third counterclaim) and denied plaintiff's motion for summary judgment on its cause of action for breach of contract (the second cause of action), unanimously modified, on the law, to deny summary judgment...

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