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RMB Props. v. American Realty Capital III, LLC

Citations: 2017 NY Slip Op 2159; 148 A.D.3d 585; 48 N.Y.S.3d 604Docket: 3503 654491/13

Court: Appellate Division of the Supreme Court of the State of New York; March 23, 2017; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

RMB Properties, as the plaintiff-appellant, appealed an order from the Supreme Court of New York County, issued by Justice Jennifer G. Schecter on August 31, 2016. The Appellate Division, First Department, consisting of Justices Sweeny, Richter, Moskowitz, Feinman, and Gische, heard the appeal. After reviewing the arguments presented by both parties, the court affirmed the lower court's order without modification, adopting the reasoning of Justice Schecter. The decision was made on March 23, 2017, and no costs or disbursements were awarded. The legal representation for the appellant was provided by Kennedy Berg LLP, and for the respondents by Morrison Cohen LLP.

Legal Issues Addressed

Appellate Review Standard

Application: The appellate court reviewed the decision of the lower court and affirmed it without modification, indicating agreement with the lower court's reasoning.

Reasoning: After reviewing the arguments presented by both parties, the court affirmed the lower court's order without modification, adopting the reasoning of Justice Schecter.

Costs and Disbursements in Appellate Decisions

Application: In this case, the appellate court decided not to award any costs or disbursements to either party following the appeal.

Reasoning: The decision was made on March 23, 2017, and no costs or disbursements were awarded.