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LADDER CAPITAL FIN. LLC v. 1250 N. SD MEZZ LLC

Index No. 650848/20. Appeal No. 16963. Case No. 2022-00717.

211 A.D.3d 608 (2022)

2022 NY Slip Op 07298

Ladder Capital Finance LLC, Respondent/Counterclaim Defendant-Respondent, v. 1250 North SD Mezz LLC et al., Appellants, et al., Defendants. 1250 North SD Mezz LLC, Counterclaim Plaintiff-Appellant, et al., Counterclaim Plaintiffs.

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

Decided December 22, 2022.

Attorney(s) appearing for the Case

Blank Rome LLP, New York (Harris N. Cogan of counsel), and Blank Rome LLP, Los Angeles, CA (Arash Beral of the Bar of the State of California, admitted pro hac vice, of counsel), for 1250 North SD Mezz LLC, appellant.

Fox Rothschild LLP, New York (Mitchell Berns of counsel), for Graham Hershman and Michael Payne, appellants.

Polsinelli PC, New York (Bradley R. Gardner of counsel), for respondent.

Concur—Webber, J.P., Friedman, Gesmer, Shulman, Rodriguez, JJ.

Order, Supreme Court, New York County (Robert Reed, J.), entered on or about January 10, 2022, which, insofar appealed from as limited by the briefs, granted plaintiff/counterclaim defendant's motion to dismiss the first and second counterclaims and denied defendants Graham Hershman and Michael Payne's motion to dismiss the complaint, unanimously modified, on the law, to deny plaintiff's motion to dismiss parts (a)-(d) of the first counterclaim, and otherwise affirmed, without...

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