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75 COMMERCIAL, LLC v. AN

Index No. 650076/21. Appeal No. 16532. Case No. 2022-00755.

209 A.D.3d 574 (2022)

177 N.Y.S.3d 224

2022 NY Slip Op 05942

75 Commercial, LLC, Appellant, v. Sung An, Respondent.

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

Decided October 25, 2022.

Attorney(s) appearing for the Case

Kaufman Friedman Plotnicki & Grun, LLP, New York (Howard Grun, of counsel) for appellant.

Kaplan & Chun, P.C., New York (Howard C. Chun, of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kennedy, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (Frank Nervo, J.), entered on or about January 31, 2022, which, upon granting plaintiff's motion to reargue, adhered to its prior determination denying plaintiff's motion for summary judgment in lieu of complaint (CPLR 3213) and dismissed the action, unanimously reversed, on the law, the motion for summary judgment in lieu of complaint granted, and the matter remanded to Supreme Court for calculation of damages.

Plaintiff demonstrated...

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