VICTOR RPM FIRST, LLC v. CHARLES CONDOMINIUMS, LLC

Index No. 653265/18. Appeal No. 558. Case No. 2022-04206.

217 A.D.3d 617 (2023)

191 N.Y.S.3d 636

2023 NY Slip Op 03445

Victor RPM First, LLC, Appellant, v. The Charles Condominiums, LLC, Respondent.

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

Decided June 27, 2023.


Attorney(s) appearing for the Case

L'Abbate, Balkan, Colavita & Contini, L.L.P., Melville ( Keith J. Stevens of counsel), for appellant.

Seyfarth Shaw LLP, New York ( Jeremy A. Cohen of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Scarpulla, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Margaret Chan, J.), entered on or about September 9, 2022, which, to the extent appealed from, granted defendant's motion for summary judgment insofar as it sought a declaration that defendant had a contractual right to make senior payments before calculating and paying plaintiff's back-end fee, unanimously affirmed, with costs.

Defendant's submissions of, among other things, the agreement governing the parties' construction...

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