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SAN-DAR ASSOC. v. FRIED

150850/12.

2012 NY Slip Op 52229(U)

SAN-DAR ASSOCIATES, Plaintiff, v. JACQUELINE FRIED AND RIVER 52, LLC, Defendants.

Supreme Court, New York County.

Decided December 7, 2012.

Attorney(s) appearing for the Case

Kaufman Friedman Plotnicki & Grun, LLP, 300 East 42nd Street, New York, NY 10017, direct dial: (212) 973-3324, tel: (212) 687-1700, fax: (212) 687-3179, Attorney for Plaintiff.

Weltcheck Law, 450 Seventh Avenue, 13th Floor, New York, NY 10123, 359 Prospect Street, South Orange, NJ 10123, tel: (212) 792-6579, fax: (888) 338-5364, Attorney for defendant.

DORIS LING-COHAN, J.

In this real property action, defendants River 52, LLC (River 52) and Jacqueline Fried (Fried) move to dismiss the complaint, pursuant to CPLR 3211(a)(7) for failure to state a cause of action, and to cancel a notice of pendency, pursuant to CPLR 6514 (a) (motion sequence number 001). For the following reasons, this motion is granted with leave to replead.

BACKGROUND

Plaintiff San-Dar Associates (San-Dar) is the net lessee of...

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