SACA DISCOUNT CORP. v. 33-02 30TH AVENUE, LLC

2017-05309, 2017-10402.

182 A.D.3d 619 (2020)

120 N.Y.S.3d 806

2020 NY Slip Op 02488

Saca Discount Corp., Respondent, v. 33-02 30th Avenue, LLC, Appellant.

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

Decided April 29, 2020.


Ordered that the orders are affirmed, with one bill of costs.

The defendant is the owner of certain premises on 30th Avenue in Astoria, which include a store rented by the plaintiff. The plaintiff's lease term was due to expire in 2026. However, in April 2016, the plaintiff commenced this action to recover damages for an alleged partial eviction resulting from certain actions allegedly undertaken by the defendant. On December 7, 2016, the parties entered into a stipulation...

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