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LGF HOLDINGS, LLC v. SKYDEL

2014-07075, Index No. 12771/11.

139 A.D.3d 814 (2016)

32 N.Y.S.3d 243

2016 NY Slip Op 03716

LGF HOLDINGS, LLC, Respondent, v. ELLIOT SKYDEL et al., Appellants, et al., Defendants.

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

Decided May 11, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

Where the issue of standing is raised by a defendant, a plaintiff must prove its standing in order to be entitled to relief (see MLCFC 2007-9 Mixed Astoria, LLC v 36-02 35th Ave. Dev., LLC, 116 A.D.3d 745, 746 [2014]; Bank of N.Y. v Silverberg, 86 A.D.3d 274, 279 [2011]; U.S. Bank, N.A. v Collymore, ...

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