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513 W. 26TH REALTY LLC v. GEORGE BILLIS GALLERIES, INC.

Index No. 160266/20. Appeal No. 845. Case No. 2021-03203.

220 A.D.3d 525 (2023)

197 N.Y.S.3d 48

2023 NY Slip Op 05308

513 West 26th Realty LLC, Appellant, v. George Billis Galleries, Inc., et al., Respondents.

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

Decided October 19, 2023.

Attorney(s) appearing for the Case

Smith & Shapiro, New York (Harry Shapiro of counsel), for appellant.

O'Reilly, Marsh & Corteselli P.C., Garden City (Mary Ryan Bambrick of counsel), for respondents.

Concur—Kapnick, J.P., Singh, Friedman, González, Shulman, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered July 20, 2021, which granted defendants' motion for summary judgment dismissing the second and third causes of action to enforce a guaranty, unanimously reversed, on the law, without costs, the causes of action reinstated, and the matter remanded for further proceedings consistent with this order.

In view of the recent decision in Melendez v City of New York (___ F Supp 3d ___, 2023 WL 2746183...

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