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PRETE v. TAMARES DEV. 1, LLC

2021-07451. Index No. 723468/20.

219 A.D.3d 1537 (2023)

197 N.Y.S.3d 529

2023 NY Slip Op 04783

Amedeo Prete, Respondent, v. Tamares Development 1, LLC, Appellant.

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

Decided September 27, 2023.

Attorney(s) appearing for the Case

Nicoletti Spinner Ryan Gulino Pinter, New York, NY ( Jason I. Gomes of counsel), for appellant.

Pardalis & Nohavicka, LLP, New York, NY ( Joseph Nohavicka and Gregory A. Nahas of counsel), for respondent.

Duffy, J.P., Iannacci, Chambers and Christopher, JJ., concur.

In an action, inter alia, to recover damages for negligence and breach of contract, the defendant appeals from an order of the Supreme Court, Queens County (David Elliot, J.), dated August 9, 2021. The order denied the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint is granted.

The plaintiff commenced...

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