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BOARD OF MGRS. OF THE 37, 39 MADISON ST. CONDOMINIUM v. 31 MADISON DEV., LLC

2021-03529. Index No. 504783/19.

230 A.D.3d 1214 (2024)

216 N.Y.S.3d 727

2024 NY Slip Op 04451

Board of Managers of the 37, 39 Madison Street Condominium, Respondent, v. 31 Madison Development, LLC, et al., Appellants.

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

Decided September 18, 2024.

Attorney(s) appearing for the Case

Naidich Wurman LLP, Great Neck, NY (Robert P. Johnson and Richard S. Naidich of counsel), for appellants.

Stephen C. Giametta & Associates, P.C., Bohemia, NY, for respondent.

Iannacci, J.P., Wooten, Genovesi and Dowling, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated November 19, 2020. The order, insofar as appealed from, denied those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss the first through fourth causes of action.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches...

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