DOWNTOWN — ‘The Brooklyn Tabernacle’s lawsuit against developer Thor 180 Livingston LLC will move forward after a state appeals court upheld the church’s claims that Thor breached a $51 million real estate contract and engaged in fraud during a long-delayed property transfer on Livingston Street in Downtown Brooklyn.

In a unanimous decision issued Oct. 8, the Appellate Division, Second Department, affirmed the 2021 ruling by Kings County Supreme Court Justice Loren Baily-Schiffman denying Thor’s motion to dismiss the case under CPLR 3211(a).

That rule lets a defendant ask the court to throw out a lawsuit early if the complaint doesn’t state a valid legal claim or if documents clearly prove the claims are false.

The decision means the church may proceed with its breach of contract, frau

See Full Page