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FORTUNA DESIGN & CONSTR., INC. v. 888 CRESCENT, LLC

2021-07845. Index No. 702468/20.

221 A.D.3d 861 (2023)

198 N.Y.S.3d 591

2023 NY Slip Op 06028

Fortuna Design & Construction, Inc., Respondent, v. 888 Crescent, LLC, et al., Appellants, et al., Defendants.

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

Decided November 22, 2023.

Attorney(s) appearing for the Case

Ariel Berschadsky, New York, NY (Doron Zanani of counsel), for appellants.

Morton S. Minsley, New York, NY, for respondent.

Barros, J.P., Christopher, Warhit and Wan, JJ., concur.

In an action, inter alia, to recover damages for breach of contract and on an account stated, the defendants 888 Crescent, LLC, and Andy Ho appeal from an order of the Supreme Court, Queens County (Ulysses B. Leverett, J.), entered October 21, 2021. The order denied the motion of the defendants 888 Crescent, LLC, and Andy Ho for summary judgment dismissing the second through fourth causes of action.

Ordered that the order is reversed, on the law, with costs, and the...

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