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HERRERO v. 2146 NOSTRAND AVENUE ASSOC., LLC

Index No. 153673/15. Appeal No. 16404. Case No. 2021-02578.

209 A.D.3d 490 (2022)

176 N.Y.S.3d 627

2022 NY Slip Op 05753

Edgardo A. Herrero, Respondent, v. 2146 Nostrand Avenue Associates, LLC, et al., Appellants, et al., Defendant. (And First, Second, and Third Third-Party Actions.) 2146 Nostrand Avenue Associates, LLC, et al., Fourth Third-Party Plaintiffs-Appellants, v. Nostrand Enterprises, LLC, Doing Business as Dallas BBQ, Fourth Third-Party Defendant-Appellant. (And Fifth and Sixth Third-Party Actions.)

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

Nicoletti Hornig & Sweeney, New York (Barbara A. Sheehan of counsel), for 2146 Nostrand Avenue Associates, LLC, ACHS Management Corp., and Nostrand Enterprises, LLC, appellants.

The Law Office of Eric D. Feldman, Melville (Dominic P. Zafonte of counsel), for Shawmut Woodworking & Supply, Inc., appellant.

Law Office of Neil R. Finkston, Great Neck (Neil R. Finkston of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Oing, González, Kennedy, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about February 2, 2021, which, to the extent appealed from as limited by the briefs, denied the motion of defendants 2146 Nostrand Avenue Associates, LLC, and ACHS Management Corp., and fourth third-party defendant Nostrand Enterprises, LLC d/b/a Dallas BBQ (collectively, Nostrand defendants), and the separate motion of defendant Shawmut Woodworking & Supply, Inc., for leave to renew plaintiff's...

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