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FEDERATED RETAIL HOLDINGS, INC. v. WEATHERLY 39TH STREET LLC.

604104/06.

32 Misc.3d 247 (2011)

920 N.Y.S.2d 896

2011 NY Slip Op 21131

FEDERATED RETAIL HOLDINGS, INC., et al., Plaintiffs, v. WEATHERLY 39TH STREET, LLC, Successor in Interest to JOHN S. WEATHERLY et al., Doing Business as WEATHERLY REALTY, Defendant.

Supreme Court, New York County.

Decided April 11, 2011.

Attorney(s) appearing for the Case

Loeb & Loeb LLP, New York City, for plaintiffs. Wilk Auslander LLP, New York City, for defendant.

OPINION OF THE COURT

BERNARD J. FRIED, J.

Plaintiffs Federated Retail Holdings, Inc. and Lord & Taylor LLC (together, Macy's) move for a determination as to whether they have cured the self-insured retention default under their commercial lease with defendant, and whether defendant Weatherly 39th Street, LLC (Weatherly) is entitled to terminate the lease between the parties based on the termination notice...

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