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LITTLE CHERRY, LLC v. CHERRY ST. OWNER LLC

9840. 654136/16.

174 A.D.3d 445 (2019)

104 N.Y.S.3d 540

2019 NY Slip Op 05497

Little Cherry, LLC, Respondent, v. Cherry Street Owner LLC et al., Appellants. New York Community Bank, Intervenor-Respondent, v. Cherry Street Owner LLC et al., Defendants.

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

Decided July 9, 2019.

Defendants' motion to dismiss was properly denied, as the amended complaint set forth a cause of action for declaratory relief (see generally Matter of Tilcon N.Y., Inc. v Town of Poughkeepsie, 87 A.D.3d 1148, 1150 [2d Dept 2011]; Fillman v Axel, 63 A.D.2d 876, 876 [1st Dept 1978]). In the amended complaint, plaintiff, a ground lease tenant, alleges that, pursuant to NY City Zoning Resolution...

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