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CoreSITE 32 AVE. OF THE AMS., L.L.C. v. 32 SIXTH AVE. CO. LLC

Index No. 652792/19, Appeal Nos. 2290-2291-2292-2293-2294-2295, Case Nos. 2023-05349, 2023-05351, 2023-03975.

2024 NY Slip Op 02658

CoreSITE 32 AVENUE OF THE AMERICAS, L.L.C., Respondent, v. 32 SIXTH AVENUE COMPANY LLC, Defendant-Respondent, TELX-NEW YORK 6th AVE. LLC, Defendant-Appellant. CoreSITE 32 AVENUE OF THE AMERICAS, L.L.C., Plaintiff-Respondent, v. 32 SIXTH AVENUE COMPANY LLC, Defendant-Appellant-Respondent, TELX-NEW YORK 6th AVE. LLC, Defendant-Respondent-Appellant.

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

Decided May 14, 2024.

Attorney(s) appearing for the Case

Sheppard, Mullin, Richter & Hampton LLP, New York ( Robert S. Friedman of counsel), for appellant/respondent-appellant.

Morrison Cohen LLP, New York ( Latisha V. Thompson of counsel), for respondent/appellant-respondent.

O'Melveny & Myers LLP, New York ( Abby F. Rudzin of counsel), for respondent.

Before: Singh, J.P., Moulton, Mendez, Rosado, Michael, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.) entered on or about September 27, 2023, which granted defendant-owner 32 Sixth Avenue Company LLC's motion for reargument of its motion for summary judgment on its cross-claim for contractual indemnification against defendant Telx-New York 6th Ave. LLC, and upon reargument, granted the owner's motion for summary judgment on its cross-claim, unanimously affirmed, without costs. Order, same court and Justice, entered...

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