FRYDCO CAPITAL GROUP, LLC v. PARK RIO EAST, LLC

Index No. 652962/22, Appeal No. 2019, Case No. 2023-02627.

2024 NY Slip Op 01984

FRYDCO CAPITAL GROUP, LLC, Plaintiff-Appellant, v. PARK RIO EAST, LLC, ET AL., Defendants-Respondents.

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

Decided April 11, 2024.


Attorney(s) appearing for the Case

Jacobs P.C., New York ( Adam B. Sherman of counsel), for appellant.

The Law Office of Thomas M. Mullaney, New York ( Thomas M. Mullaney of counsel), for respondents.

Before: Oing, J.P., Friedman, Kapnick, Scarpulla, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Suzanne J. Adams, J.), entered April 3, 2023, which denied plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213, and deemed plaintiff's moving papers the complaint in the action and defendants' answering papers the answer, unanimously reversed, on the law, without costs, to grant plaintiff's motion for summary judgment in lieu of complaint as to liability against defendants and to remand the issue of damages...

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