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BISTRO SHOP LLC v. N.Y. PARK N. SALEM, INC.

9900, 110907/09.

175 A.D.3d 1181 (2019)

109 N.Y.S.3d 277

2019 NY Slip Op 06696

Bistro Shop LLC, Respondent, et al., Plaintiff, v. N.Y. Park N. Salem, Inc., Appellant.

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

September 24, 2019.

Attorney(s) appearing for the Case

Carmel, Milazzo & DiChiara LLP, New York ( Christopher P. Milazzo of counsel), for appellant.

Neufeld O'Leary & Giusto, New York ( David S.J. Neufeld of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Webber, Moulton, JJ.

Supreme Court properly found that defendant N.Y. Park N. Salem, Inc., the owner of a building located at 30 East 60th Street, New York, New York, breached a lease by failing to timely complete construction work contemplated by the lease and turn over the premises to plaintiff Bistro Shop LLC. The lease contemplated that defendant was going to add numerous floors to the building, and required occupation of the leased premises for a relatively short duration to complete construction...

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