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FIFTH AVE. 25G LLC v. SAMBAR

Index No. 150021/22. Appeal No. 772. Case No.2022-05311.

220 A.D.3d 482 (2023)

196 N.Y.S.3d 69

2023 NY Slip Op 05187

Fifth Avenue 25G LLC, Appellant, v. Habib Sambar, Respondent.

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

Decided October 12, 2023.

Attorney(s) appearing for the Case

The Law Office of Alexander Paykin, P.C., New York (Alexander Paykin of counsel), for appellant.

The Altman Firm PLLC, Woodmere (Michael T. Altman of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Scarpulla, Rosado, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered September 26, 2022, which, to the extent appealed from, denied, without prejudice, plaintiff's motion for a default judgment and stayed this action pending resolution of a parallel summary proceeding in Civil Court, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in staying this action pending resolution of plaintiff's summary proceeding in Civil Court, as plaintiff...

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