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LITTLE CHERRY, LLC v. CHERRY STREET OWNER, LLC

654136/16. Appeal No. 16622. Case No. 2021-03852.

210 A.D.3d 476 (2022)

178 N.Y.S.3d 494

2022 NY Slip Op 06322

Little Cherry, LLC, et al., Respondents, v. Cherry Street Owner, LLC, et al., Appellants.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York (Paul M. O'Connor, III of counsel), for appellants.

Herrick, Feinstein LLP, New York (Scott E. Mollen of counsel), for Little Cherry LLC, respondent.

Cullen and Dykman LLP, New York (Samit G. Patel of counsel), for New York Community Bank, respondent.

Concur—Renwick, J.P., Singh, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered April 9, 2021, which granted plaintiff Little Cherry, LLC's (Little Cherry) and plaintiff-intervenor New York Community Bank's (NYCB) motions for summary judgment on their causes of actions for a declaration that defendants cannot proceed as a matter of law with their development project without their consent as parties-in-interest, and an injunction to enjoin the development project from proceeding without...

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