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DOUGLAS ELLIMAN, LLC v. SILVER

2014-09848, Index No. 21471/07.

143 A.D.3d 752 (2016)

2016 NY Slip Op 06675

39 N.Y.S.3d 51

DOUGLAS ELLIMAN, LLC, Doing Business as PRUDENTIAL DOUGLAS ELLIMAN REAL ESTATE, Plaintiff, v. RHONA SILVER et al., Defendants/Third-Party Plaintiffs-Respondents. LOWE'S HOME CENTERS, INC., Defendant/Third-Party Defendant-Appellant.

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

Decided October 12, 2016.

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

In February 2007, the defendant/third-party defendant, Lowe's Home Centers, Inc. (hereinafter Lowe's), entered into a contract of sale for the purchase of certain commercial property with the defendants/third-party plaintiffs Rhobar, Inc., Acklerly Associates, LLC, and Rhobar Development Associates, LLC (hereinafter collectively the sellers). Shortly thereafter, the plaintiff notified the parties...

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