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255 BUTLER ASSOC., LLC v. 255 BUTLER, LLC

2019-03306. Index No. 511560/15.

208 A.D.3d 831 (2022)

173 N.Y.S.3d 672

2022 NY Slip Op 05067

255 Butler Associates, LLC, Appellant, v. 255 Butler, LLC, et al., Respondents.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Sills Cummis & Gross P.C., New York, NY (Mitchell D. Haddad, Matthew P. Canini, and Susman Godfrey LLP [Jacob W. Buchdahl], of counsel), for appellant.

Heller, Horowitz & Feit, P.C., New York, NY (Stuart A. Blander and Eli Feit of counsel), for respondents.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the defendants' answer and counterclaims is granted in its entirety.

The underlying facts of this appeal are summarized in the related appeals decided herewith (255 Butler Assoc., LLC v 255 Butler, LLC, 208 A.D.3d 829 [2022]; 255 Butler Assoc., LLC v 255...

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