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MFP 933 BROADWAY LP v. 933 BROADWAY, LLC

651879/20. Appeal No. 16719. Case No. 2021-03575.

210 A.D.3d 557 (2022)

176 N.Y.S.3d 782

2022 NY Slip Op 06640

MFP 933 Broadway LP, Appellant, v. 933 Broadway, LLC, Respondent, et al., Defendant.

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

Decided November 22, 2022.

Attorney(s) appearing for the Case

Zuckerman Gore Brandeis & Crossman, LLP, New York (John K. Crossman of counsel), for appellant.

Wachtel Missry LLP, New York (Joseph Lee Matalon of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Moulton, González, JJ.

Order, Supreme Court, New York County (Louis L. Nock, J.), entered on or about September 1, 2021, which denied plaintiff's motion for summary judgment and granted defendant 933 Broadway, LLC's motion for summary judgment dismissing the complaint and as to liability on its counterclaims, unanimously affirmed, without costs.

The motion court correctly construed General Construction Law §§ 19 and 20 to calculate two business days before the parties' scheduled...

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