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STUDIO 1872 INC. v. BOND ST. LEVY LLC

Index No. 655646/21, Appeal No. 1941, Case No. 2023-02571.

2024 NY Slip Op 01772

STUDIO 1872 INC., DOING BUSINESS AS C'EST BEAU 1872, Plaintiff-Appellant, v. BOND STREET LEVY LLC, Defendant, ADVANCED RETAIL CONSTRUCTION, INC., Defendant-Respondent.

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

Decided March 28, 2024.

Attorney(s) appearing for the Case

Montgomery McCracken Walker & Rhoads LLP, New York ( Timothy J. Pastore of counsel), for appellant.

Law Offices of Yan Margolin, New York ( Yan Margolin of counsel), for respondent.

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

Order, Supreme Court, New York County (Suzanne J. Adams, J.), entered May 16, 2023, which denied plaintiff Studio 1872 Inc., doing business as C'est Beau 1872's motion to dismiss defendant Advanced Retail Construction, Inc.'s counterclaims for breach of contract and breach of the implied covenant of good faith and fair dealing, unanimously reversed, on the law, with costs, and the motion granted.

ARC's breach of contract counterclaim is dismissed as barred by the...

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