MERLO v. LCOR 55 BANK ST. LLC

Index No. 152443/17, Appeal Nos. 1967-1968-1969-1970, Case Nos. 2023-00904, 2023-00907, 2023-00908, 2023-00909.

2024 NY Slip Op 01875

DANIEL MERLO, Plaintiff-Appellant, v. LCOR 55 BANK STREET LLC, ET AL., Defendants-Respondents, ECKER WINDOW CORP., ET AL., Defendants.

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

Decided April 4, 2024.


Attorney(s) appearing for the Case

Sacks & Sacks LLP, New York ( Scott N. Singer of counsel), for appellant.

Black Marjieh & Sanford LLP, Elmsford ( Steven R. Lau of counsel), for LCOR 55 Bank Street LLC, LCOR Incorporated, WP North Tower, LLC and LRC Construction LLC, respondents.

Ahmuty, Demers & McManus, Albertson ( Nicholas P. Calabria of counsel), for Precision Carpentry of Westchester, Inc., respondent.

Before: Renwick, P.J., Manzanet-Daniels, Kennedy, Mendez, Michael, JJ.


Order, Supreme Court, New York County (Frank P. Nervo, J.), entered January 9, 2023, which denied plaintiff's motion for partial summary judgment on liability, unanimously affirmed, without costs. Appeals from orders, same court and Justice, entered January 9, 2023, which resolved certain discovery matters, unanimously dismissed, without costs, as abandoned.

Plaintiff is correct that the outstanding discovery did not warrant denial of his motion, as it concerned damages...

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