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CALDWELL v. 4 NYP VENTURES

Index Nos. 157607/16, 595007/18. Appeal No. 744M-3782. Case No. 2022-04625.

220 A.D.3d 459 (2023)

197 N.Y.S.3d 495

2023 NY Slip Op 05093

Douglas Caldwell et al., Respondents-Appellants, v. 4 NYP Ventures et al., Respondents, and ABM Facility Services, Appellant-Respondent. 4 NYP Ventures LLC, Third-Party Plaintiff-Respondent, et al., Third-Party Defendant.

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

Decided October 10, 2023.

Attorney(s) appearing for the Case

McGiff Halverson Dooley LLP, Patchogue ( Daniel J. O'Connell of counsel), for appellant-respondent.

Mischel & Horn, P.C., New York ( Lauren Bryant of counsel), for respondents-appellants.

Mauro Lilling Naparty LLP, Woodbury ( Melissa A. Danowski of counsel), for CB Richard Ellis Real Estate Service, LLC, CBRE Group, Inc. and 4 NYP Venturs, LLC, respondents.

Milber Makris Plousadis & Seiden, LLP, Purchase ( Alissa Jimenez of counsel), for Americon Construction, Inc., respondent.

Motion to strike portion of the record and certain respondents' briefs denied.

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered on or about July 28, 2022, which, to the extent appealed from as limited by the briefs, denied defendant ABM Facility Services' motion for summary judgment dismissing the complaint as against it and granted defendants 4 NYP Ventures LLC, CB Richard Ellis Real Estate Services, LLC, and CBRE Group, Inc.'s motions for summary judgment dismissing the complaint as against...

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