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G&Y MAINTENANCE CORP. v. McSAM HOTEL GROUP LLC

Index No. 653714/20 Appeal No. 1327 Case No. 2022-04322.

222 A.D.3d 586 (2023)

202 N.Y.S.3d 100

2023 NY Slip Op 06807

G&Y Maintenance Corp., Appellant, v. McSam Hotel Group LLC et al., Respondents.

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

Decided December 28, 2023.

Attorney(s) appearing for the Case

Law Office of J.G. Toth, Flushing (Jerry Toth of counsel), for appellant.

Kaufman Dolowich & Voluck LLP, Woodbury (Adam M. Marshall of counsel), for McSam Hotel Group LLC and RS 206 LLC, respondents.

Levine Singh, LLP, Hicksville (Brian M. Levine of counsel), for Core Continental Construction LLC and Chung-Lin Chiang, respondents.

Concur—Manzanet-Daniels, J.P., Webber, Friedman, Shulman, Rosado, JJ.

Order, Supreme Court, New York County (Debra James, J.), entered August 19, 2022, which, insofar as appealed from as limited by the briefs, granted defendants' motions to dismiss the complaint, unanimously affirmed, without costs.

As an initial matter, the court properly applied defendants' dismissal motions to plaintiff's second amended complaint (see Sage Realty Corp. v Proskauer Rose, 251 A.D...

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