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B AND H FLA. NOTES LLC v. ASHKENAZI

Index No. 850141/19. Appeal No. 1036-1037-1038. Case Nos. 2022-00361, 2022-02526, 2022-04015.

221 A.D.3d 480 (2023)

199 N.Y.S.3d 478

2023 NY Slip Op 05785

B and H Florida Notes LLC, Respondent-Appellant, v. Alexander Ashkenazi et al., Defendants, and W89D5 LLC, Appellant-Respondent.

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

Decided November 16, 2023.

Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman, LLP, Garden City ( Christopher Villanti of counsel), for appellant-respondent.

Marc Scollar , East Hampton, for respondent-appellant.

Concur—Renwick, P.J., Kern, Gesmer, Shulman, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered on or about February 4, 2022, which denied defendant W89D5, LLC's motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. Appeals from orders, same court and Justice, entered on or about October 19, 2021, and June 30, 2022, unanimously dismissed, without costs, as academic.

On August 29, 2013, plaintiff's predecessor...

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