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POWERFLEX SOLAR, LLC v. SOLAR PV PROS, LLC

CV-23-0185.

230 A.D.3d 834 (2024)

217 N.Y.S.3d 694

2024 NY Slip Op 04102

Powerflex Solar, LLC, Appellant, v. Solar PV Pros, LLC, et al., Respondents, et al., Defendant.

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

Decided August 1, 2024.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Albany (William E. Reynolds of counsel), for appellant.

Girvin & Ferlazzo, PC, Albany (Bonnie R. Watson of counsel), for Solar PV Pros, LLC, respondent.

Bryan Cave Leighton Paisner LLP, New York City (Jonathan E. Ginsberg of counsel), for EoS Organization, LLC, respondent.

Garry, P.J., Clark, Aarons and McShan, JJ., concur.

Appeals (1) from an order of the Supreme Court (Richard M. Platkin, J.), entered December 22, 2022, in Albany County, which partially granted motions by defendants Solar PV Pros, LLC and EoS Organization, LLC to dismiss the complaint, and (2) from an order of said court, entered April 20, 2023, in Albany County, which, upon reargument...

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