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100 AND 130 BISCAYNE, LLC v. EE NWT OM, LLC

Index No. 650188/21. Appeal No. 16835. Case No. 2022-00963.

211 A.D.3d 451 (2022)

180 N.Y.S.3d 133

2022 NY Slip Op 06985

100 and 130 Biscayne, LLC, Appellant, v. EE NWT OM, LLC, et al., Respondents.

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Law Office of Timothy Hughes, Los Angeles, CA (Timothy Hughes of the bar of the State of California, admitted pro hac vice, of counsel), for appellant.

Kelley Drye & Warren LLP, New York (Michael C. Lynch of counsel), for respondents.

Concur—Kapnick, J.P., Oing, Singh, Moulton, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered January 3, 2022, which granted defendants' motion to dismiss the complaint, unanimously modified, on the law, to deny the motion as to the causes of action for breach of contract (the first cause of action) and declaratory relief (the sixth cause of action), and otherwise affirmed, without costs.

The complaint states a cause of action against EE NWT OM, LLC (EE Operating Member) for breach of contract...

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