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DOHERTY v. 730 FIFTH UPPER, LLC

Index No. 158538/18 Appeal No. 947 Case No. 2023-00233.

222 A.D.3d 516 (2023)

199 N.Y.S.3d 502

2023 NY Slip Op 06474

Kyle Doherty et al., Appellants, v. 730 Fifth Upper, LLC, et al., Respondents, et al., Defendants.

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

Decided December 19, 2023.

Attorney(s) appearing for the Case

Kent, Beatty & Gordon, LLP, New York ( Joshua B. Katz of counsel), for appellants.

Kahana Feld LLP, New York ( John F. Watkins of counsel), for 730 Fifth Upper LLC, 730 Fifth Retail, LLC and General Growth Services Inc., respondents.

Fixler & LaGattuta, LLP, New York ( Jason L. Fixler of counsel), for CBRE, Inc., respondent.

Concur—Kern, J.P., Friedman, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Louis L. Nock, J.), entered on or about December 28, 2022, which granted defendants 730 Fifth Upper, LLC, 730 Fifth Retail, LLC, General Growth Services, Inc. (730-Gen), and CBRE, Inc.'s (CBRE) motions for summary judgment dismissing the complaint, unanimously modified, on the law, to the extent of denying the motion of 730-Gen, and otherwise affirmed, without costs.

Plaintiff Kyle...

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