CALM AVE, LLC v. BAKER

Index No. 651752/18, Appeal No. 1599-1600, Case Nos. 2023-01350, 2023-01351.

2024 NY Slip Op 00597

CALM AVE, LLC, Plaintiff-Appellant, v. JANET BAKER, ET AL., Defendants-Respondents.

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

Decided February 6, 2024.


Attorney(s) appearing for the Case

The Law Office of Michael J. Collesano, New York ( Michael J. Collesano of counsel), for appellant.

Davidoff Hutcher & Citron LLP, New York ( Derek Wolman of counsel), for respondent.

Before: Singh, J.P., Moulton, Gesmer, Mendez, Rodriguez, JJ.


Order, Supreme Court, New York County (Frank P. Nervo, J.), entered November 30, 2022, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered March 7, 2023, which denied its motion for leave to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper.

Viewing the evidence in the light most favorable to plaintiff, defendants established...

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