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KITZIGER v. 219 AVE. A. NYC LLC

Index No. 154859/19. Appeal No. 17128. Case No. 2022-03068.

212 A.D.3d 508 (2023)

183 N.Y.S.3d 64

2023 NY Slip Op 00239

Julia Kitziger, Respondent, v. 219 Ave. A. NYC LLC et al., Appellants, et al., Defendant.

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

Decided January 19, 2023.

Attorney(s) appearing for the Case

White & McSpedon, P.C., New York (Bruce L. Steinowitz of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.

Concur—Renwick, J.P., Webber, Moulton, González, Rodriguez, JJ.

Order, Supreme Court, New York County (Lewis J. Lubell, J.), entered January 12, 2022, which denied the motion of defendants Fat Panda Inc. doing business as Planet Rose and 219 Ave. A NYC LLC for summary judgment dismissing the complaint, unanimously modified, on the law, to grant the motion to the extent of dismissing the complaint as against defendant 219 Ave. A, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly.

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