NEW WTC RETAIL OWNER LLC v. PACHANGA, INC.

6377 653169/16.

160 A.D.3d 584 (2018)

76 N.Y.S.3d 128

2018 NY Slip Op 02889

New WTC Retail Owner LLC, Appellant, v. Pachanga, Inc., Respondent.

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

Decided April 26, 2018.


The motion court correctly declined to dismiss the counterclaim for rescission of the parties' lease, which is based on the allegation that plaintiff breached the lease by failing to deliver the premises and the patio in tenant-ready condition on time (see Lasker-Goldman Corp. v City of New York, 221 A.D.2d 153 [1st Dept 1995], lv dismissed 87 N.Y.2d 1055 [1996]). Defendant's principal...

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