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KOMOLOV v. POPIK

Index No. 155100/17. Appeal No. 15551. Case No. 2020-04460.

203 A.D.3d 577 (2022)

162 N.Y.S.3d 709

2022 NY Slip Op 01966

Alexander Komolov et al., Appellants, v. Roman Popik et al., Respondents. (And a Third-Party Action.)

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

Decided March 22, 2022.

Attorney(s) appearing for the Case

Kranjac Tripodi & Partners LLP, New York (Joseph Tripodi of counsel), for appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York (Mark K. Anesh of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Singh, Kennedy, Scarpulla, JJ.

Defendants failed to establish a prima facie case that they were not negligent, that any negligence was not the proximate cause of plaintiffs' alleged damages, or that plaintiffs suffered no compensable damages (see generally Excelsior Capitol LLC v K&L Gates LLP, 138 A.D.3d 492, 492 [1st Dept 2016]). In a 2010 action involving sale of the condominium unit, among other things, Supreme Court issued an order dismissing, on statute...

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