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SEABISCUIT REALTY LLC v. HAYES

Index No. 808237/21, Appeal No. 1693, Case No. 2023-03833.

2024 NY Slip Op 00881

SEABISCUIT REALTY LLC, Plaintiff, v. JACQUELINE HAYES, Defendant. JACQUELINE HAYES, Third-Party Plaintiff-Respondent, v. YSLW TELLER LLC, Third-Party Defendant-Appellant.

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

Decided February 20, 2024.

Attorney(s) appearing for the Case

The Law Office of Daniel G. Walsh PLLC, Warwick ( Daniel G. Walsh of counsel), for appellant.

Bowen, Kendall & Associates, LLP, Bronx ( Ralph G. Bowen of counsel), for respondent.

Before: Kern, J.P., Singh, Scarpulla, O'Neill Levy, Michael, JJ.

Order, Supreme Court, Bronx County (Paul L. Alpert, J.), entered January 6, 2023, which, to the extent appealed from as limited by the briefs, denied third-party defendant's cross-motion to dismiss the third-party complaint, unanimously affirmed, without costs.

The motion court properly denied that branch of third-party defendant YSLW Teller LLC's cross-motion to dismiss the third-party complaint pursuant to CPLR 3211(a)(1) and (7). Although we agree that the cross...

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