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ASTOR BEN SASHA LLC v. HFZ 235 W. 75TH ST. OWNER LLC

Index No. 655894/20. Appeal No. 74. Case No. 2022-05400.

215 A.D.3d 515 (2023)

188 N.Y.S.3d 29

2023 NY Slip Op 02056

Astor Ben Sasha LLC, Respondent, v. HFZ 235 West 75th Street Owner LLC, Appellant, et al., Defendants. CCO Condo Portfolio (AZ) Junior Mezzanine, LLC, et al., Nonparty Appellants.

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

Decided April 20, 2023.

Attorney(s) appearing for the Case

Dechert LLP, New York (Gary J. Mennitt of counsel), for appellants.

Blank Rome LLP, New York (Harris N. Cogan of counsel), for respondent.

Concur—Oing, J.P., González, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Suzanne J. Adams, J.), entered on or about November 7, 2022, which, to the extent appealed from as limited by the briefs, denied the motion of defendant HFZ 235 West 75th Street Owner LLC (HFZ 235 Owner), and CCO Condo Portfolio (AZ) Junior Mezzanine, LLC (CCO), and CIM Group LLC (CIM) to dismiss the complaint as against them, unanimously modified, on the law, to dismiss as against defendant HFZ 235 Owner the causes of action for a declaratory...

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