Magen David of Union Sq. v. 3 W. 16th St., LLC

Order, Supreme Court, New York County (Debra A. James, J.), entered February 3, 2014, which, to the extent appealed from as limited by the briefs, denied plaintiff the Sixteenth Street Synagogue’s (Synagogue) motion for summary judgment declaring, upon defendant 3 West 16th Street, LLC’s (3 West) third counterclaim, that it is a one-third equitable owner of certain real property (the Building), unanimously affirmed, with costs.

In a prior appeal in this action (89 AD3d 24 [1st Dept 2011]), this Court, among other things, affirmed the motion court’s grant of summary judgment to 3 West on its…