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UNIVERSAL COMMUNICATIONS NETWORK, INC. v. 229 WEST 28TH OWNER, LLC

5470, 5471, 600067/10.

85 A.D.3d 668 (2011)

926 N.Y.S.2d 479

2011 NY Slip Op 5573

UNIVERSAL COMMUNICATIONS NETWORK, INC., Appellant-Respondent, v. 229 WEST 28TH OWNER, LLC, Respondent-Appellant, et al., Defendant.

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

Decided June 28, 2011.

Having accorded the complaint a liberal construction, accepted the facts as true, and made all inferences in plaintiff's favor (Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), the motion court correctly dismissed it. Initially, the obligation to pay rent pursuant to a commercial lease is an independent covenant, and thus, cannot be relieved by allegations of a landlord's breach, absent an express provision to the contrary (see Westchester...

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