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SINGH v. CITY OF NEW YORK

2017-12988. Index No. 701402/17.

189 A.D.3d 1697 (2020)

139 N.Y.S.3d 307

2020 NY Slip Op 08123

Daler Singh et al., Appellants-Respondents, v. City of New York et al., Respondents-Appellants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Wolf Haldenstein Adler Freeman & Herz, LLP, New York, NY ( Benjamin Y. Kaufman , Gregory M. Nespole , Correy A. Kamin , and Law Offices of Daniel L. Ackman of counsel), for appellants-respondents.

Zachary W. Carter , Corporation Counsel, New York, NY ( Richard Dearing and Eric Lee of counsel), for respondents-appellants.

Scheinkman, P.J., LaSalle, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, and those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss the third cause of action and so much of the fifth cause of action as sought rescission of the subject contracts based upon breach of the implied covenant of good faith and fair dealing...

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