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M&C N.Y. (TIMES SQ.), LLC v. ACCOR MGT. US INC.

Index No. 657527/19. Appeal No. 16481. Case No. 2021-01230.

211 A.D.3d 434 (2022)

179 N.Y.S.3d 221

2022 NY Slip Op 06888

M&C New York (Times Square), LLC, Appellant, v. Accor Management US Inc., Respondent.

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

Decided December 6, 2022.

Attorney(s) appearing for the Case

Brewer, Attorneys & Counselors, New York (Cecelia L. Fanelli of counsel), for appellant.

Proskauer Rose LLP, New York (Peter J.W. Sherwin of Counsel), for respondent.

Concur— Acosta, P.J., Renwick, Webber, Singh, Moulton, JJ.

Appeal from order, Supreme Court, New York County (O. Peter Sherwood, J.), entered March 1, 2021, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(1), deemed appeal from the judgment, same court and Justice, entered March 10, 2021, dismissing the complaint, and, as so considered, unanimously reversed, on the law, without costs, the judgment vacated, and the motion denied.

Factual Background

Plaintiff M&C New...

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