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ANDEJO CORPORATION v. SOUTH STREET SEAPORT LIMITED PARTNERSHIP

15621, 603707/04

130 A.D.3d 411 (2015)

13 N.Y.S.3d 55

2015 NY Slip Op 05767

ANDEJO CORPORATION, Doing Business as SEAPORT WATCH COMPANY, et al., Plaintiffs, and FULTON MARKET RETAIL FISH INC., Doing Business as SIMPLY SEAFOOD, Appellant, v. SOUTH STREET SEAPORT LIMITED PARTNERSHIP et al., Respondents.

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

Decided July 2, 2015.

There is no basis upon which to disturb the factual findings of the trial court which rest largely on credibility determinations and are supported by evidence establishing that plaintiff tenant was in default of its lease based on its failure to pay rent and utilities (see Claridge Gardens v Menotti, 160 A.D.2d 544 [1st 1990]). The lease provided that upon "the occurrence and continuance of an Event of default," defendants landlords...

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