WATERFALLS ITALIAN CUISINE, INC. v. TAMARIN

2016-01258, Index No. 103199/12.

149 A.D.3d 1141 (2017)

2017 NY Slip Op 03218

53 N.Y.S.3d 347

WATERFALLS ITALIAN CUISINE, INC., et al., Appellants, v. ROBERT P. TAMARIN, ESQ., et al., Defendants, and VENETIAN CIRCLE, LLC, Respondent. (And a Third-Party Action.).

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 26, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Venetian Circle, LLC, which was for summary judgment dismissing the complaint insofar as asserted against it is denied.

In July 2002, the plaintiff Waterfalls Italian Cuisine, Inc. (hereinafter Waterfalls), by its president, the plaintiff Dennis Zollo, Sr., entered into a 10-year commercial lease pursuant to which Waterfalls leased certain...

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