GRISTEDE'S OPERATING CORP. v. SCARSDALE SHOPPING CTR. ASSOC., LLC

2017-00428, Index No. 53040/12.

176 A.D.3d 1185 (2019)

111 N.Y.S.3d 400

2019 NY Slip Op 07771

Gristede's Operating Corp. et al., Appellants, v. Scarsdale Shopping Center Associates, LLC, et al., Respondents.

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

Decided October 30, 2019.


Attorney(s) appearing for the Case

Oxman Law Group, PLLC, White Plains, NY ( Marc S. Oxman and Julie Pechersky Plitt of counsel), for appellants.

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY ( Lee S. Wiederkehr and Nelida Lara of counsel), for respondent Scarsdale Shopping Center Associates, LLC.

Lee Anav Chung White Kim Ruger & Richter LLP, New York, NY ( Michael M. Yi and Aimee L. Richter of counsel), for respondents Walgreen Co. and Walgreen Eastern Co., Inc.

Mastro, J.P., Roman, Connolly and Iannacci, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

In 2006, the plaintiffs and the defendants Walgreen Co. and Walgreen Eastern Co., Inc. (hereinafter together the Walgreen defendants), were exploring and negotiating the potential sale of, inter alia, certain leases held by the plaintiffs. By letter agreement dated November 14, 2006 (hereinafter the 2006 confidentiality...

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