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BALLYS MGT. & CAPITAL, LLC v. FIRST KOREAN CHURCH OF N.Y.

2019-03923, 2019-04923, 2019-10613. Index No. 711422/17.

208 A.D.3d 1297 (2022)

176 N.Y.S.3d 61

2022 NY Slip Op 05306

Ballys Management and Capital, LLC, Appellant, v. First Korean Church of New York et al., Respondents.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Wasserman Grubin & Rogers, LLC, New York, NY (Andrew Lipetz of counsel), for appellant.

Pick & Zabicki, LLP, New York, NY (Douglas J. Pick and Eric C. Zabicki of counsel), for respondents.

Barros, J.P., Iannacci, Miller and Wooten, JJ., concur.

Ordered that the appeal from the order entered Februrary 14, 2019, is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the defendants' motion for summary judgment dismissing the complaint and, in effect, with respect to the causes of action for declaratory relief, and to cancel the notice of pendency is denied, the complaint is reinstated, the order entered February 14, 2019, is modified accordingly, and the matter is remitted to the...

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