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20 BROAD ST. OWNER LLC v. SONDER USA, INC.

Index No. 653493/20. Appeal No. 2232. Case No. 2023-06145.

230 A.D.3d 1048 (2024)

217 N.Y.S.3d 78

2024 NY Slip Op 04591

20 Broad Street Owner LLC, Respondent, v. Sonder USA, Inc., et al., Appellants, et al., Defendants.

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

Decided September 26, 2024.

Attorney(s) appearing for the Case

Goulston & Storrs PC, New York (Adam J. Safer and Justin D. Heller of counsel), for appellants.

Kucker Marino Winiarsky & Bittens, LLP, New York (Nativ Winiarsky of counsel), for respondent.

Concur—Kern, J.P., Oing, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Debra A. James, J.) entered on or about October 16, 2023, which, inter alia, granted plaintiff's motion for summary judgment dismissing defendants' affirmative defenses and counterclaims for constructive eviction, breach of the covenant of quiet enjoyment, frustration of purpose, casualty, breach of contract, breach of warranty of habitability, and conversion arising from the Legionella contamination in the building and declined to order...

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