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ELGANTO, LLC v. 1428 FULTON ST, LLC

2021-05832. Index No. 522989/20.

219 A.D.3d 462 (2023)

193 N.Y.S.3d 285

2023 NY Slip Op 04109

Elganto, LLC, Respondent, v. 1428 Fulton St, LLC, Formerly Known as Fulton Street Holdngs LLC, Appellant.

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

Decided August 2, 2023.

Attorney(s) appearing for the Case

Tuttle Tuck LLP, New York, NY (David G. Skillman of counsel), for appellant.

Hernandez M. Rhau, New York, NY, for respondent.

Dillon, J.P., Maltese, Wooten and Warhit, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Carl J. Landicino, J.), dated June 24, 2021. The order, insofar as appealed from, denied those branches of the defendant's motion which were pursuant to CPLR 6514(c) for an award of costs and expenses occasioned by the filing and cancellation of an amended notice of pendency and pursuant to 22 NYCRR 130-1.1 for an award of attorney's...

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