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RSB v. RICKY'S WILLIAMSBURG

5486, 5487, 5488, 602303/09, 5491

91 A.D.3d 16 (2011)

933 N.Y.S.2d 3

2011 NY Slip Op 7941

RSB BEDFORD ASSOCIATES, LLC, Respondent, v. RICKY'S WILLIAMSBURG, INC., Doing Business as RICKY'S NYC, et al., Appellants.

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

Decided November 10, 2011.

Attorney(s) appearing for the Case

Santamarina & Associates, New York City ( Gil Santamarina of counsel), for appellants.

Gallagher, Harnett & Lagalante LLP, New York City ( Brian K. Gallagher of counsel), for respondent.

TOM, J.P., SAXE, CATTERSON and MOSKOWITZ, JJ., concur.

OPINION OF THE COURT

MOSKOWITZ, J.

A commercial tenant and its guarantor parent corporation appeal from five orders: three substantive determinations and two discovery rulings. Because plaintiff's willingness and ability to close on the property associated with the lease at issue is irrelevant, we affirm.

Plaintiff RSB Bedford planned to buy a building on Bedford Avenue in Brooklyn (the property). However, plaintiff was unwilling to acquire the property...

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