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SACKAS v. 240 E. 46TH ST. CONDOMINIUM

Index No. 160714/16. Appeal No. 17022. Case No. 2022-01273.

212 A.D.3d 418 (2023)

179 N.Y.S.3d 566

2023 NY Slip Op 00043

Katherine Sackas, Respondent, v. 240 East 46th Street Condominium et al., Appellants.

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

Decided January 5, 2023.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for appellants.

Ressler & Ressler, New York (Bruce J. Ressler of counsel), for respondent.

Concur—Renwick, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered February 23, 2022, which denied defendants 240 East 46th Street Condominium and Key Real Estate Associates, LLC's motion for summary judgment dismissing plaintiff's negligence and detrimental reliance claim, unanimously affirmed, without costs.

Defendants failed to demonstrate their prima facie entitlement to summary judgment as to assumed duty and detrimental reliance (see Nallan v Helmsley-Spear...

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