45-47-49 EIGHTH AVE. LLC v. CONTI

Index No. 654033/20. Appeal No. 764. Case No. 2021-02743.

220 A.D.3d 473 (2023)

199 N.Y.S.3d 20

2023 NY Slip Op 05180

45-47-49 Eighth Avenue LLC, Appellant, v. Joseph Conti, Respondent.

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

Decided October 12, 2023.


Attorney(s) appearing for the Case

Rose & Rose, New York ( Paul Coppe of counsel), for appellant.

Genova Burns LLC, New York ( Leonard S. Spinelli of counsel), for respondent.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jamison Davies of counsel), for amicus curiae.

Concur—Webber, J.P., Kern, Singh, Scarpulla, Rosado, JJ.


Order, Supreme Court, New York County (Gerald Lebovits, J.), entered July 23, 2021, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment in lieu of complaint on defendant's guaranty and granted defendant's cross-motion to dismiss certain amounts alleged to be due under the guaranty, unanimously reversed, on the law, with costs, plaintiff's motion granted in part as to its claims for $37,875.81 representing the undisputed...

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