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4 USS LLC v. DSW MS LLC

11904, 650383/12

120 A.D.3d 1049 (2014)

992 N.Y.S.2d 515

2014 NY Slip Op 06153

4 USS LLC, as Successor in Interest to 40 EAST 14 REALTY ASSOCIATES LLC, Appellant, v. DSW MS LLC, as Successor in Interest to RETAIL VENTURES, INC., Respondent.

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

Decided September 11, 2014.

On January 27, 2004, nonparties 40 East 14 Realty Associates LLC (40 East), the landlord, and Filene's Basement, Inc. (Filene's), the tenant, entered into a 20-year lease of premises located at 4 Union Square South. Retail Ventures, Inc. (RVI), Filene's then-parent and defendant's predecessor, executed an "absolute and unconditional guaranty of payment (and not of collection) and of performance" under the lease by a writing dated January 13, 2004. 40 East assigned the lease...

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