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166 ENTERS. CORP. v. I G SECOND GENERATION PARTNERS

Nos. 3791, 3792, 3792A. 120841/02, 103121/04, 100749/09.

81 A.D.3d 154 (2011)

917 N.Y.S.2d 143

166 ENTERPRISES CORP., Respondent-Appellant, v. I G SECOND GENERATION PARTNERS, L.P., Appellant-Respondent. I G SECOND GENERATION PARTNERS, L.P., et al., Respondents, v. 166 ENTERPRISES CORP., Appellant.

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

Decided February 8, 2011.

Attorney(s) appearing for the Case

Livoti Bernstein & Moraco PC, New York City ( Robert F. Moraco of counsel), for appellant-respondent/respondents.

Oved & Oved LLP, New York City ( Darren Oved and Andrew J. Urgenson of counsel), for respondent-appellant/appellant.

MAZZARELLI, J.P., ACOSTA, ABDUS-SALAAM and ROMÁN, JJ., concur.

OPINION OF THE COURT

RICHTER, J.

Plaintiff 166 Enterprises Corp. (Tenant) and defendant I G Second Generation Partners, L.P. (Landlord) are parties to a commercial lease for two stores on the first floor of a building located on Second Avenue in Manhattan. Tenant subleased the premises to an entity that operated a chain clothing store. On September 10, 2002, Landlord served a 15-day notice to cure alleging that Tenant had failed to pay rent and late fees...

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