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LANDIS v. 383 REALTY CORP.

File No. 2017-1388/B, Index No. 653847/15, Appeal No. 1506, Case No. 2023-01239.

2024 NY Slip Op 00272

ALLAN LANDIS, Plaintiff-Appellant, v. 383 REALTY CORP., 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

Knox Law Group, P.C., Kew Gardens ( Daniel Knox of counsel), for appellant.

Bond, Schoeneck & King, PLLC, New York ( Mark A. Berman of counsel), for respondents.

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

Order, Surrogate's Court, New York County (Nora S. Anderson, J.), entered on or about December 30, 2022, which dismissed, after a bench trial, plaintiff's unjust enrichment and breach of contract claims, unanimously affirmed, with costs.

We find, as an initial matter, that defense witnesses Martin Wallack, Sergio Moreno, and Ephraim Bulow were not incredible as a matter of law (see generally L'Esperance v L'Esperance, 243 A.D.2d 446

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