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COMMERCIAL TENANT SERVS., INC. v. BUILDING SERV. 32BJ HEALTH FUND

Index No. 653371/19. Appeal No. 17226-17227. Case Nos. 2022-01802, 2022-02495.

217 A.D.3d 446 (2023)

191 N.Y.S.3d 13

2023 NY Slip Op 02969

Commercial Tenant Services, Inc., Appellant-Respondent, v. Building Service 32BJ Health Fund, Respondent-Appellant.

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

Decided June 6, 2023.

Attorney(s) appearing for the Case

Law Offices of Kenneth L. Kutner, Garden City (Kenneth L. Kutner of counsel), for appellant-respondent.

Raab, Sturm & Ganchrow, LLP, New York (Ira A. Sturm of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Friedman, Gesmer, Moulton, Mendez, JJ.

Judgment, Supreme Court, New York County (Arthur Engoron, J.), entered April 6, 2022, dismissing the complaint, and bringing up for review an order, same court and Justice, entered March 23, 2022, which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's motion for summary judgment, unanimously reversed, on the law, without costs, the judgment vacated, defendant's motion denied, the complaint reinstated, plaintiff's motion granted...

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