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CALI DEV. CORP. v. CHURCH SIDE REALTY, LLC

2019-13586. Index No. 510233/14.

208 A.D.3d 451 (2022)

172 N.Y.S.3d 707

2022 NY Slip Op 04786

Cali Development Corp., Appellant, v. Church Side Realty, LLC, et al., Respondents, et al., Defendants. (And Third-Party Actions.).

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

Decided August 3, 2022.

Attorney(s) appearing for the Case

Jonathan W. Tribiano, PLLC, Staten Island, NY, for defendants Church Side Realty, LLC, and Robert Calcagno.

Morris Duffy Alonso & Faley, New York, NY (Robert S. Whitbeck, Iryna S. Krauchanka, and Andrea M. Alonso of counsel), for third-party/second third-party defendants.

Brathwaite Nelson, J.P., Rivera, Miller and Zayas, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment dismissing the defendants' counterclaims is granted.

The plaintiff, Cali Development Corp., owns a three-story building in Brooklyn. The plaintiff commenced this action against, among others, the owner of the abutting property, Church Side Realty, LLC, and its managing member, Robert Calcagno (hereinafter together Church Side), alleging...

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