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SMITH, GAMBRELL & RUSSELL, LLP v. 3 W. 16th ST., LLC

Index No. 654238/21. Appeal No. 677. Case No. 2023-00730.

220 A.D.3d 432 (2023)

196 N.Y.S.3d 443

2023 NY Slip Op 04952

Smith, Gambrell & Russell, LLP, Appellant, v. 3 West 16th Street, LLC, Respondent.

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

Decided October 3, 2023.

Attorney(s) appearing for the Case

Smith, Gambrell & Russell, LLP, New York (John G. McCarthy of counsel), for appellant pro se.

Michael A. Mishaan, P.C., New York (Michael A. Mishaan of counsel), for respondent.

Concur—Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about December 15, 2022, which granted defendant's CPLR 3211(a)(5) motion to dismiss the complaint as barred by the statute of limitations and, in effect, denied plaintiff's CPLR 3212 motion for summary judgment, unanimously reversed, on the law, without costs, the motion denied, and the matter remanded for Supreme Court to notify the parties that it will treat defendant's motion to dismiss as a motion...

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