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JD2 REALTY MGT. LLC v. EVOJETS LLC

Index No. 650751/22. Appeal No. 963. Case No. 2022-03905.

221 A.D.3d 407 (2023)

199 N.Y.S.3d 457

2023 NY Slip Op 05539

JD2 Realty Management LLC, Appellant, v. Evojets LLC et al., Respondents.

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

Decided November 2, 2023.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Guy Des Rosiers of counsel), for appellant.

Eckert Seamans Cherin & Mellott, LLC, White Plains (Riyaz G. Bhimani of counsel), for Evojets LLC, respondent.

Richards Legal Group, New York (Angelica Diana Zolnierowicz of counsel), for My Jet Saver LLC, respondent.

Concur—Oing, J.P., Moulton, González, Shulman, Rosado, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about July 25, 2022, which granted defendants' CPLR 3211 motions to dismiss the complaint, unanimously modified, on the law, to reinstate plaintiff's breach of contract cause of action against defendant Evojets LLC, and otherwise affirmed, without costs.

The court should not have dismissed the breach of contract claim against defendant Evojets. The...

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