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SCHWARTZ v. FALLAH

2023-01647. Index No. 601819/22.

230 A.D.3d 1263 (2024)

218 N.Y.S.3d 671

2024 NY Slip Op 04474

Adam Schwartz et al., Appellants, v. Robert Fallah et al., Defendants, and Velocity Group USA, Inc., Respondent.

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

Decided September 18, 2024.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale, NY (Henry M. Mascia, Cheryl F. Korman, Kenneth C. Murphy, and Greg E. Mann of counsel), for appellants.

Kaufman Dolowich LLP, Woodbury, NY (Adam Perlin of counsel), for respondent.

Dillon, J.P., Miller, Warhit and Taylor, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Timothy S. Driscoll, J.), dated December 16, 2022. The order, insofar as appealed from, granted that branch of the motion of the defendant Velocity Group USA, Inc., which was pursuant to CPLR 3211(a) to dismiss the twelfth cause of action insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed...

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