EZEKILLS CONSTR. LLC v. SASKAS

2021-07696. Index No. 605314/20.

219 A.D.3d 1306 (2023)

196 N.Y.S.3d 106

2023 NY Slip Op 04576

Ezekills Construction, LLC, Appellant, v. David Saskas et al., Respondents.

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

Decided September 13, 2023.


Attorney(s) appearing for the Case

Sahn Ward Braff Koblenz, PLLC, Uniondale, NY ( Jon A. Ward and Andrew M. Roth of counsel), for appellant.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, Riverhead, NY ( Kathryn M. Dalli and Joan M. McGivern of counsel), for respondents.

Dillon, J.P., Genovesi, Ford and Taylor, JJ. concur.


In an action, inter alia, to recover damages for breach of a restrictive covenant, the plaintiff appeals from an order of the Supreme Court, Suffolk County (David T. Reilly, J.), dated October 1, 2021. The order, insofar as appealed from, granted that branch of the defendants' motion which was for summary judgment dismissing the second cause of action, and denied those branches of the plaintiff's cross-motion which were for summary judgment on the issues of liability and...

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