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BOARD OF MGRS. OF THE 15 UNION SQ. W. CONDOMINIUM v. AZOGUI

Index No. 162500/15. Appeal No. 669. Case No. 2022-03233.

220 A.D.3d 405 (2023)

197 N.Y.S.3d 29

2023 NY Slip Op 04920

Board of Managers of the 15 Union Square West Condominium, Respondent, v. Moshe Azogui et al., Appellants, et al., Defendants.

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

Decided October 3, 2023.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( Joaquin Ezcurra of counsel), for appellants.

Gallet Dreyer & Berkey, LLP, New York ( David L. Berkey of counsel), for respondent.

Concur—Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Debra James, J.), entered June 16, 2022, which, to the extent appealed from, denied the motion of defendants-appellants Moshe Azogui, Issac Hera, BCRE 15 USW Holdings LLC, BCRE 15 USW Second LLC, and BCRE 15 USW Corp. (collectively, appellants) to dismiss the cause of action for unjust enrichment as against them, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff's cause of action for unjust enrichment...

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