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125 WEST 22nd ST. HOLDING, LLC v. CALABRESE ASSOCIATES, INC.

0602315/2007

2008 NY Slip Op 32249 (U)

125 WEST 22ND STREET HOLDING, LLC, Plaintiff, v. CALABRESE ASSOCIATES, INC. and FRANK CALABRESE, Defendants.

Supreme Court of the State of New York, New York County.

August 1, 2008.

CHARLES E. RAMOS, Judge.

Defendants Calabrese Associates, Inc. (CAI) and Frank Calabrese (together, defendants) move to dismiss the second through six cause of action of the complaint, for failure to state a cause of action (CPLR 3211 [a] [7]).

Background

Plaintiff 125 West 22nd Street Holding, LLC (plaintiff) owns real property located at 22nd Street, in Manhattan, New York. On June 28, 2005...

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