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DOIT HOSP. DEL. LLC v. REUBEN BROS. LTD.

Index No. 650293/22. Appeal No. 1129. Case No. 2023-00696.

221 A.D.3d 564 (2023)

198 N.Y.S.3d 553

2023 NY Slip Op 06201

DoIt Hospitality Delaware LLC, Appellant, v. Reuben Brothers Limited et al., Respondents.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( Aaron B. Lauchheimer of counsel), for appellant.

Reed Smith LLP, New York ( John C. Scalzo of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Singh, Moulton, Scarpulla, JJ.

Order, Supreme Court, New York County (Robert Reed, J.), entered February 5, 2023, which, insofar as appealed from as limited by the briefs, granted, based on the so-ordered hearing transcript, partial summary judgment dismissing plaintiff's second cause of action as duplicative of the first cause of action, unanimously affirmed, with costs.

Both the first cause of action alleging a violation of New York UCC 9-610(b) requirement that the disposition of collateral...

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