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SJWA LLC v. FATHER REALTY CORP.

Index No. 152033/19. Appeal No. 979. Case No. 2022-03115.

221 A.D.3d 552 (2023)

201 N.Y.S.3d 6

2023 NY Slip Op 06104

SJWA LLC et al., Respondents, v. Father Realty Corp., Appellant-Respondent, and Chelsea 7 Corporation, Doing Business as "Sexy Boutique," Respondent-Appellant, et al., Defendants.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson ( Frank J. Wenick of counsel), for appellant-respondent.

Cruser, Mitchell, Novitz Sanchez, Gaston & Zimet, LLP, Farmingdale ( Scott I. Gurtman of counsel), for respondent-appellant.

Benjamin W. Horowitz , New York, for respondents.

Concur—Webber, J.P., Friedman, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Carol R. Edmead, J), entered July 14, 2022, which, to the extent appealed from as limited by the briefs, denied defendants' motions for summary judgment dismissing plaintiffs' claims for depreciation of market value and punitive damages, granted plaintiffs' cross-motion for summary judgment on liability on their causes of action for trespass and private nuisance and ordered a trial on compensatory and punitive damages, and denied defendant...

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