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CLARKE v. FIFTH AVE. DEV. CO., LLC

Index No. 158986/20. Appeal No. 16841. Case No. 2022-02396.

211 A.D.3d 460 (2022)

181 N.Y.S.3d 14

2022 NY Slip Op 06991

Irene Clarke et al., Appellants, v. Fifth Ave. Development Co., 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

Gibson, Dunn & Crutcher LLP, New York (Mitchell A. Karlan of counsel), for appellants.

Law Office of Michael R. Koenig, New Rochelle (Robert Dashow of counsel), for respondents.

Concur—Kern, J.P., Gesmer, Kennedy, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered April 22, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiffs' motion for summary judgment, unanimously affirmed, without costs.

Plaintiffs tenants failed to establish their entitlement to summary judgment on any of the causes of action in their complaint. As to the cause of action for fraud, an arm's length transaction between...

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