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313 43RD STREET REALTY, LLC v. TMS ENTERPRISES, LP

2016-03107. Index No. 512785/15.

163 A.D.3d 512 (2018)

81 N.Y.S.3d 112

2018 NY Slip Op 05013

313 43rd Street Realty, LLC, Respondent, v. TMS Enterprises, LP, et al., Appellants, et al., Defendant.

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

Decided July 5, 2018.

Ordered that the judgment is modified, on the law, (1) by deleting the provision thereof which is in favor of the plaintiff and against the defendants TMS Enterprises, LP, and 313 43rd Street Realty Associates, Ltd., dismissing their first and second counterclaims, and (2) by deleting the provisions thereof which are in favor of the plaintiff and against the defendants on the complaint and which direct the defendants to return to the plaintiff its down payments in the total...

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