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FIRST STERLING CORP. v. UNION SQ. RETAIL TRUST

9008, 600868/10.

102 A.D.3d 490 (2013)

958 N.Y.S.2d 346

2013 NY Slip Op 160

FIRST STERLING CORPORATION et al., Appellants, v. UNION SQUARE RETAIL TRUST et al., Respondents.

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

Decided January 15, 2013.

Paragraph 17.2 (a) of the Circuit City and Virgin Entertainment subleases authorizes the assignment of the subleases, conclusively establishing a defense to the breach of contract cause of action. Notably, assignment of the Circuit City sublease was also authorized by the bankruptcy court and substantiated by an assignment and assumption agreement.

Plaintiffs' allegations of domination and control by defendants OTR and Union Square Retail Trust over the single-purpose...

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