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ARCHIVES, L.L.C. v. VOLPE

Index No. 152158/21. Appeal No. 871-872. Case Nos. 2023-01016, 2023-03468.

220 A.D.3d 560 (2023)

199 N.Y.S.3d 25

2023 NY Slip Op 05354

Archives, L.L.C., Appellant, v. Joseph Volpe, Defendant, and Jeffrey Cohen, Respondent.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York ( Paul N. Gruber of counsel), for appellant.

Platte Klarsfeld & Levine, LLP, New York ( Jeffrey H. Klarsfeld of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Rodriguez, Pitt-Burke, Higgitt, Rosado, JJ.

Judgment, Supreme Court, New York County (Paul A. Goetz, J.), entered February 16, 2023, bringing up for review an order, same court and Justice, entered on or about January 31, 2023, which, to the extent appealed from, denied in part plaintiff's motion for summary judgment against defendant Jeffrey Cohen (guarantor), and granted in part defendant guarantor's cross-motion for summary judgment dismissing so much of the complaint as asserted against him for unpaid use and occupancy...

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