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GHODBANE v. 111 JOHN REALTY CORP.

Index No. 159695/14. Appeal Nos. 16639-16639A. Case No. 2021-04186.

210 A.D.3d 498 (2022)

178 N.Y.S.3d 43

2022 NY Slip Op 06429

Hassene Ghodbane, Appellant-Respondent, v. 111 John Realty Corp. et al., Respondents, and Gemstar Construction Corp., Respondent-Appellant.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

Elefterakis, Elefterakis & Panek, New York (Eileen Kaplan of counsel), for appellant-respondent.

McManus Ateshoglou Aiello & Apostolakos PLLC, New York (Michael Martens of counsel), for respondent-appellant.

Congdon, Flaherty, O'Callaghan, Fishlinger & Pavlides, Uniondale (Kathleen D. Foley of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Higgitt, JJ.

Orders, Supreme Court, New York County (Gerald Lebovits, J.), entered October 21, 2021, and January 6, 2022, which, to the extent appealed from, granted the motion of defendants 111 John Realty Corp. and Braun Management, Inc. (together, the John Realty defendants) for summary judgment dismissing the complaint as against them, and denied defendant Gemstar Construction Corp.'s motion for summary judgment dismissing the complaint and all cross claims as against it and for summary...

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