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HEMINGWAY GROUP LLC v. I80 GROUP LLC

Index No. 656856/22 Appeal No. 1146-1147 Case Nos. 2022-05631, 2023-02302.

222 A.D.3d 422 (2023)

202 N.Y.S.3d 3

2023 NY Slip Op 06229

Hemingway Group LLC, Respondent-Appellant, v. i80 Group LLC et al., Appellants-Respondents.

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

Decided December 5, 2023.

Attorney(s) appearing for the Case

Sidley Austin LLP, New York ( James Heyworth of counsel), and ( Steven E. Sexton of the bar of the State of Illinois, admitted pro hac vice of counsel) and Cauley Law Group, Hinsdale, IL ( Thomas K. Cauley, Jr. of counsel) for appellants/respondents.

Kasowitz Benson Torres LLP, New York ( Michael A. Hanin of counsel), for respondent/appellant.

Concur—Kern, J.P., Gesmer, Moulton, Kennedy, Higgitt, JJ.

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about November 14, 2022, which, to the extent appealed from as limited by the briefs, denied defendants' motion to dismiss parts of the first and second causes of action of the original complaint pursuant to CPLR 3211(a)(1) and (7), unanimously modified, on the law, to dismiss so much of the first and second causes of action as alleges that defendant i80 Group Specialty Finance GP LLC, f/k/a i80...

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