TEWKSBURY MGT. GROUP, LLC v. ROGERS INVS. NV LP

10827, 652201/11.

110 A.D.3d 546 (2013)

973 N.Y.S.2d 591

2013 NY Slip Op 6817

TEWKSBURY MANAGEMENT GROUP, LLC, Appellant, v. ROGERS INVESTMENTS NV LP, Respondent.

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

Decided October 22, 2013.


Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 19, 2012, which, to the extent appealed from, granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs.

The first and second causes of action allege that defendant landlord breached the parties' lease by failing, inter alia, to obtain a valid certificate of occupancy for the building, to remove building violations that interfered with plaintiff tenant's intended use...

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