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PARAMOUNT LEASEHOLD, L.P. v. 43RD STREET DELI, INC.

9620, 653668/11.

173 A.D.3d 421 (2019)

102 N.Y.S.3d 182

2019 NY Slip Op 04342

Paramount Leasehold, L.P., Respondent, v. 43rd Street Deli, Inc., Doing Business as Bella Vita Pizzeria, Appellant.

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

Decided June 4, 2019.

Plaintiff established its entitlement to attorneys' fees under the parties' lease agreement by proving that defendant breached the percentage rent clause (see Paramount Leasehold, L.P. v 43rd St. Deli, Inc., 136 A.D.3d 563 [1st Dept 2016], lv dismissed in part, denied in part 28 N.Y.3d 1024 [2016]) and that it, plaintiff, was thus the prevailing...

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