GRISTEDE'S FOODS, INC. v. MADISON CAPITAL HOLDINGS LLC

9856. 651811/15.

174 A.D.3d 455 (2019)

105 N.Y.S.3d 426

2019 NY Slip Op 05628

Gristede's Foods, Inc., Appellant, v. Madison Capital Holdings LLC et al., Respondents.

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

Decided July 11, 2019.


Defendant Madison Capital Holdings LLC purchased lease "designation rights," i.e., the right to designate one or more assignees, for a sub-sublease with plaintiff, from a bankruptcy estate. It then assigned the sub-sublease to defendant MC Long Term Holdings, LLC, an entity formed by Madison's principal, defendant J. Joseph Jacobson. MC Long Term defaulted on its obligations under the sub-sublease, and plaintiff brought this action asserting, as relevant on appeal, claims...

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