TUMAYEVA v. GEYBER

2021-01864. Index No. 515695/20.

220 A.D.3d 634 (2023)

197 N.Y.S.3d 318

2023 NY Slip Op 04956

Yekaterina Tumayeva, Respondent, v. Dmitry Geyber, as President of the Board of Managers of Oceana Condominium No. Two, Appellant.

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

Decided October 4, 2023.


Attorney(s) appearing for the Case

Fleischner Potash, LLP, Mineola, NY ( Evan A. Richman of counsel), for appellant.

Iannacci, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.


In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Debra Silber, J.), dated February 5, 2021. The order, insofar as appealed from, denied that branch of the defendant's motion which was pursuant to CPLR 3211(a) to dismiss the first cause of action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which...

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