SIAMOS v. 36-02 35TH AVE. DEV. LLC


54 A.D.3d 842 (2008)

864 N.Y.S.2d 117

CONSTANTINOS SIAMOS et al., Appellants, v. 36-02 35TH AVENUE DEVELOPMENT, LLC, Respondent.

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

September 16, 2008.


Ordered that the order dated December 20, 2007 is reversed insofar as appealed from, on the law, with costs, and upon reargument, so much of the order dated November 1, 2007 as denied that branch of the defendant's motion which was for an award of an attorney's fee is adhered to.

Pursuant to a lease dated July 7, 2005 the plaintiffs leased the subject premises from the defendant to operate a restaurant therein. In 2007 the defendant served notices to cure upon the...

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