BODNER v. FLORAL ASSOC. LTD. PARTNERSHIP

Index No. 159361/22, Appeal No. 1934-1935, Case Nos. 2023-04575, 2023-05039.

2024 NY Slip Op 01759

ALLEN BODNER, Plaintiff-Appellant, v. FLORAL ASSOCIATES LIMITED PARTNERSHIP, ET AL., Defendants-Respondents, FREDERICK W. CEFALO, Defendant.

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

Decided March 28, 2024.


Attorney(s) appearing for the Case

Nathan M. Ferst , New York, for appellant.

Fox Rothschild LLP, New York ( John A. Wait of counsel), for Floral Associates Limited Partnership, Joseph T. Cefalo, Stephen R. Cefalo, Sherin and Lodgen, LLP, Edward S. Cheng and Daniel S. Guenther, respondents.

Ruskin Moscou Faltischek, P.C., Uniondale ( Michael A.H. Schoenberg of counsel), for Ruskin Moscou Faltischek, P.C. and Michael A.H. Schoenberg, respondents.

Before: Manzanet-Daniels, J.P., Kapnick, González, Mendez, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Andrew Borrok, J.), entered May 17, 2023, which granted defendants' motions to dismiss the complaint against them pursuant to CPLR 3211(a)(7), unanimously affirmed, without costs. Order, same court and Justice, entered September 29, 2023, which denied plaintiff's motion for leave to renew and reargue, unanimously dismissed, without costs, as abandoned.

Defendants' requested discovery in the underlying action, in which plaintiff...

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