BP 399 PARK AVENUE LLC v. PRET 399 PARK, INC.

650055/15. 4019. 4018.

150 A.D.3d 507 (2017)

2017 NY Slip Op 03898

55 N.Y.S.3d 168

BP 399 PARK AVENUE LLC, Appellant, v. PRET 399 PARK, INC., et al., Respondents.

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

Decided May 16, 2017.


Plaintiff is the successor in interest to nonparty Citibank N.A., as landlord under a lease with defendant Pret 399 Park, Inc. (Pret 399) — a wholly owned subsidiary of Pret Parent — as tenant. Plaintiff is correct that Pret Parent was Pret 399's assignee by operation of law (see Mann v Munch Brewery, 225 N.Y. 189, 193 [1919]). Defendants did not dispute that Pret Parent — as opposed to Pret 399 — was the entity operating a café at...

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