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Fort IV Group, L.P. v. 624 W/ 172nd Street, LLC

Supreme Court, New York County

August 6, 2013

FORT IV GROUP, L.P., Plaintiff,
v.
624 W/172nd STREET, LLC, GUS SCOURARAS, DOUGLASTON MANGAGEMENT CORP., AND THE CITY OF NEW YORK, Defendants. Index No. 151959/2012

Unpublished Opinion

DECISION/ORDER

Hon. Kathryn E. Freed J.S.C.

RECITATION, AS REQUIRED BY CPLR§2219 (a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION.

PAPERS ..............................................................................................NUMBERED

NOTICE OF MOTION AND AFFIDAVITS ANNEXED........................1-2

ORDER TO SHOW CAUSE AND AFFIDAVITS ANNEXED...................

ANSWERING AFFIDAVITS......................................................................3-4

REPLYING AFFIDAVITS............................................................................5

EXHIBITS......................................................................................................

OTHER..........................................................................................................

UPON THE FOREGOING CITED PAPERS, THIS DECISION/ORDER ON THE MOTION IS AS FOLLOWS:

The City of New York (the "City"), moves pursuant to CPLR§3211, for dismissal of the complaint and/or pursuant to CPLR§ 3212 for summary judgment, based on plaintiffs failure to comply with GML § 50-e and §50-1. Plaintiff opposes. Additionally, defendants "642 West 172nd Street, LLC, Gus Scourfaras, and Douglaston Management Corporation Corp, " ("co-defendants"), argue that if the Court grants the City's motion with regard to plaintiffs claims against the City, their cross-claim against the City should not be dismissed and should be permitted to continue as a third- party action against the City.

After a review of the papers presented, all relevant statues and case law, the ...


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