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WAVERLY PROPERTIES, LLC v. KMG WAVERLY, LLC

No. 09 Civ. 3940(VM).

824 F.Supp.2d 547 (2011)

WAVERLY PROPERTIES, LLC, Plaintiff, v. KMG WAVERLY, LLC et al., Defendants.

United States District Court, S.D. New York.

September 27, 2011.

Attorney(s) appearing for the Case

Peter A. Sullivan, Steven Sheppard Dicesare, Hughes Hubbard & Reed LLP, Evan R. Schieber, Starr & Starr, PLLC, New York, NY, for Plaintiff.

Andrea L. Roschelle, Starr Associates, L.L.P., Evan R. Schieber, Starr & Starr, PLLC, Susan Patricia Mahon, Gartner & Bloom, P.C., New York, NY, for Defendants.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

I. BACKGROUND

Plaintiff Waverly Properties, LLC ("Waverly") brought this action alleging various claims under New York law for breach of contract, negligence, misrepresentation and consumer fraud. Waverly's complaint arises from defects in the construction of certain residential apartments it had contracted to purchase in a condominium building of which defendant...

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