SOUNDVIEW CINEMAS, INC. v. AC I SOUNDVIEW, LLC

2015-02664, Index No. 601464/14.

149 A.D.3d 1121 (2017)

2017 NY Slip Op 03209

53 N.Y.S.3d 157

SOUNDVIEW CINEMAS, INC., Respondent, v. AC I SOUNDVIEW, LLC, by WAYNE H. WINK, JR., ESQ., as Receiver, Defendant, and LBUBS 2007-C7 SHORE ROAD, LLC, Appellant.

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

Decided April 26, 2017.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was pursuant to CPLR 6301 to preliminarily enjoin the defendant LBUBS 2007-C7 Shore Road, LLC, from terminating the subject lease is denied, and the provision directing the plaintiff to pay rent in the reduced sum of $10,000 per month in lieu of the full amount of rent due under the lease from January 2015 until...

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