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GALLERY AT FULTON STREET, LLC v. WENDNEW LLC

30 A.D.3d 221 (2006)

817 N.Y.S.2d 237

THE GALLERY AT FULTON STREET, LLC, Appellant-Respondent, v. WENDNEW LLC et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 13, 2006.

The court properly ruled that defendants, in this action for breach of a commercial lease, were estopped from raising the defense of constructive eviction after they were given the opportunity to litigate this claim in the prior summary proceeding, but failed to do so (see H.K.D. Seafood v 25 N. Moore Assoc., 271 A.D.2d 351 [2000]; P.W.B. Enters. v Moklam Enters., 221 A.D.2d 184 [1995])...

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