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NATIONAL BLACK THEATRE WORKSHOP INCORPORATED v. NUBIAN PROPERTIES LLC

5496, 105906/08.

89 A.D.3d 518 (2011)

932 N.Y.S.2d 466

2011 NY Slip Op 8190

THE NATIONAL BLACK THEATRE WORKSHOP INCORPORATED, Respondent, v. NUBIAN PROPERTIES LLC et al., Respondents-Appellants, and HARLEM APPLE, LLC, Appellant-Respondent.

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

Decided November 15, 2011.

The motion court correctly found that section 8.8.2 of the operating agreement between plaintiff and Nubian Properties prohibited the latter from subletting to Harlem Apple the portion of the premises it had leased from Nubian Realty, LLC, the company created by the operating agreement for the sole purposes of acquiring, leasing, managing and selling real property (the Company). Nevertheless, plaintiff may not void the sublease, because Nubian Properties, assuming it had...

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