OFFENBACH v. OHLBAUM

Index No. 651340/18. Appeal No. 399. Case No. 2022-03145.

217 A.D.3d 456 (2023)

191 N.Y.S.3d 357

2023 NY Slip Op 02979

Dana Offenbach et al., Appellants, v. Gary Ohlbaum, Respondent.

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

Decided June 6, 2023.


Attorney(s) appearing for the Case

Berlandi Nussbaum & Reitzas LLP, New York ( John P. O'Brien of counsel), for appellants.

Palmieri Law, PC, Mineola ( Vito A. Palmieri of counsel), for respondent.

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


Order, Supreme Court, New York County (Debra James, J.), entered on or about January 25, 2022, which denied plaintiffs' motion for summary judgment on their claims for breach of contract, fraud, and intentional infliction of emotional distress and granted defendant's cross-motion to dismiss the claims pursuant to CPLR 3211 and 3212, unanimously modified, on the law, to deny defendant's cross-motion as to the breach of contract claim as asserted by plaintiff Original Provisionals...

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