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DILLE v. ZOELLE LLC

Index No. 157435/2022. Appeal No. 697. Case No. 2023-00519.

220 A.D.3d 409 (2023)

197 N.Y.S.3d 41

2023 NY Slip Op 04923

Kara Dille, as Trustee of the 37 Warren Street PHCD Trust, Appellant, v. Zoelle LLC et al., Respondents.

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

Decided October 3, 2023.

Attorney(s) appearing for the Case

Wrobel Markham LLP, New York (Steven I. Fox of counsel), for appellant.

Gallet Dreyer & Berkey, LLP, New York (Jason Mohabir of counsel), for Zoelle LLC, respondent.

Lieb At Law, P.C., Smithtown (Kimberly Johnson of counsel), for Catherine L. Juracich and Corocan Group LLC, respondents.

Concur— Oing, J.P., Friedman, Kennedy, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered January 11, 2023, which, to the extent appealed from as limited by the briefs, granted defendants' motions dismissing the action, declared that defendant Zoelle LLC was entitled to retain the contract deposit of $1,900,000, and directed the escrowee-attorney to release the funds to Zoelle, unanimously affirmed, with costs.

Plaintiff entered into a contract...

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