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BELLEVUE TOWERS & GARDENS, LLC v. ATLANTIS NATL. SERVS., INC.

2019-08051. Index No. 517229/17.

208 A.D.3d 1300 (2022)

175 N.Y.S.3d 551

2022 NY Slip Op 05307

Bellevue Towers and Gardens, LLC, et al., Respondents, v. Atlantis National Services, Inc., Appellant, et al., Defendant.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Gene Rosen's Law Firm, P.C., Garden City, NY (Gene W. Rosen and Matin Emouna of counsel), for appellant.

Hahn Eisenberger PLLC, Brooklyn, NY (Elliot Hahn of counsel), for respondents.

LaSalle, P.J., Miller, Genovesi and Wan, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion of the defendant Atlantis National Services, Inc., which were pursuant to CPLR 3211(a) to dismiss the cause of action alleging professional malpractice and the demand for punitive damages insofar as asserted against it, and substituting therefor a provision granting those branches of the motion; as so modified...

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