AND FLORIDA NOTES LLC v. W89D5 LLC (2024)

Court of Appeals of New York.

B AND H FLORIDA NOTES LLC, Appellant, v. Alexander ASHKENAZI et al., Defendants, W89D5 LLC, Respondent.

2024-278

Decided: September 12, 2024

On the Court's own motion, appeal, insofar as taken from so much of the November 2023 Appellate Division order as reversed the February 2022 Supreme Court order denying W89D5 LLC's motion for summary judgment dismissing the complaint and granted the motion, dismissed, without costs, upon the ground that no substantial constitutional question is directly involved; appeal, insofar as taken from the remainder of the November 2023 order and the March 2024 Appellate Division order, dismissed, without costs, upon the ground that such orders do not finally determine the action within the meaning of the Constitution.

Motion, insofar as it seeks leave to appeal from so much of the November 2023 order as reversed the February 2022 Supreme Court order denying W89D5 LLC's motion for summary judgment dismissing the complaint and granted the motion, denied; motion, insofar as it seeks leave to appeal from the remainder of the November 2023 order and the March 2024 order, dismissed upon the ground that such orders do not finally determine the action within the meaning of the Constitution.

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