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BANK OF AM v. ASD GEM REALTY

Index. No. 850296/15. Appeal No. 14805-14806. Case Nos. 2020-04206, 2020-04207, 2020-04932.

205 A.D.3d 1 (2022)

164 N.Y.S.3d 566

2022 NY Slip Op 01379

BANK OF AMERICA, N.A., Plaintiff, v. ASD GEM REALTY LLC, et al., Defendants, ARENSON OFFICE FURNISHING INC., Respondent, and SWEET CONSTRUCTION CORP., Third-Party Defendant-Appellant, THE 50 WEST 47TH STREET CONDOMINIUM, THIRD-PARTY Plaintiff, v. CONTROL ELECTRICAL CONTRACTING CORP. et al., Third-Party Defendant,

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Ruskin Moscou Faltischek, P.C., Uniondale (Adam L. Browser and David Milner of counsel), for appellant.

Clark Guldin, Attorneys at Law, Montclair (Janesa Urbano of counsel), for respondent.

OPINION OF THE COURT

This action arises from the renovation of a commercial space in Manhattan's Diamond District. Defendants ASD Gem Realty LLC, and its operating affiliate ASD Diamonds Inc. (together ASD) owned property at 50 West 47th Street, which it sought to operate as a jewelry store. In 2012 ASD hired defendant/third...

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