YUE FUNG USA ENTERS., INC. v. NOVELTY CRYSTAL CORP.

2012-03436.

105 A.D.3d 840 (2013)

963 N.Y.S.2d 678

2013 NY Slip Op 2393

YUE FUNG USA ENTERPRISES, INC., Appellant, v. NOVELTY CRYSTAL CORP., Respondent.

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

Decided April 10, 2013.


In an action, inter alia, for a judgment declaring that the subject premises described in a lease between the parties included a portion of the property that the plaintiff had sublet to a third party, the plaintiff appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated March 5, 2012, which granted the defendant's motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant...

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