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MATTER OF McIVER-MORGAN, INC. v. DAL PIAZ

653164/11, 8916.

108 A.D.3d 47 (2013)

964 N.Y.S.2d 515

2013 NY Slip Op 3411

In the Matter of McIVER-MORGAN, INC., Respondent, v. CHRISTOPHER DAL PIAZ et al., Appellants.

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

Decided May 9, 2013.

Attorney(s) appearing for the Case

Massoud & Pashkoff, LLP, New York City ( Ahmed A. Massoud of counsel), for appellants.

Feldman & Associates, PLLC, New York City ( Edward S. Feldman and Stephanie Feldman of counsel), for respondent.

MOSKOWITZ, DEGRASSE, MANZANET-DANIELS and CLARK, JJ. concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

Respondents Christopher Dal Piaz and Elizabeth Schoelkopf (the Owners), engaged petitioner McIver-Morgan, Inc. (McIver) to design a major renovation of their townhouse. Promotional materials created by McIver reflect that it holds itself out as "a full service firm specializing in all facets of high-end residential interior design and architectural services." It is undisputed that McIver is a business, not professional...

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