VARLEY v. ELK 300 E 83, LLC

9960N, 151716/17.

176 A.D.3d 414 (2019)

110 N.Y.S.3d 406

2019 NY Slip Op 07022

Michael Varley et al., Appellants, v. Elk 300 E 83, LLC, Respondent.

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

Decided October 1, 2019.


Attorney(s) appearing for the Case

Sokolski & Zekaria, P.C., New York ( Daphna Zekaria of counsel), for appellants.

Desiderio, Kaufman & Metz, P.C., New York ( Jeffrey R. Metz of counsel), for respondent.

Concur—Richter, J.P., Gische, Kapnick, Kern, Moulton, JJ.


Plaintiffs were long-term tenants of an apartment in a building, owned by defendant, that was severely damaged and rendered unsafe by a fire in February 2017. Plaintiffs commenced this action seeking, inter alia, access to their personal property left in the apartment, and the parties entered into a confidential settlement agreement in July 2017. To the extent the terms of the agreement have been disclosed, the parties agreed to terminate plaintiffs' lease, and agreed that...

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