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EASTERN EFFECTS, INC. v. 3911 LEMMON AVE. ASSOC., LLC

Index No. 652152/22, Appeal No. 1509, Case No. 2023-00137.

2024 NY Slip Op 00268

EASTERN EFFECTS, INC., Plaintiff-Appellant, v. 3911 LEMMON AVENUE ASSOCIATES, LLC, ET AL., Defendants-Respondents.

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

Decided January 23, 2024.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York ( Jennifer S. Recine of counsel), for appellant.

Fox Rothschild LLP, New York ( Brett Berman of counsel), for 3911 Lemmon Avenue Associates, LLC, Esbond Realty LLC and Eponymous Gowanus, LLC, respondents.

Duane Morris LLP, New York ( Kevin J. Fee of counsel), for Gowanus Canal Environmental Remediation Trust #2, respondent.

Before: Webber, J.P., Kern, González, Kennedy, Rosado, JJ.

Order, Supreme Court, New York County (Barry R. Ostager, J.), entered on or about November 30, 2022, which, to the extent appealed from as limited by the briefs, granted defendant 3911 Lemmon Avenue Associates, LLC, Esbond Realty LLC, and Eponymous Gowanus, LLC's (collectively, landlord) motion to dismiss plaintiff's cause of action for fraud and its request for punitive damages against landlord, and granted defendant Gowanus Canal Environmental Remediation Trust #2's (the...

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