104 SECOND REALTY, LLC v. BEER FACTORY LLC

11524. 152095/18.

183 A.D.3d 466 (2020)

121 N.Y.S.3d 854

2020 NY Slip Op 02886

104 Second Realty, LLC, Appellant, v. Beer Factory LLC et al., Respondents, et al., Defendant.

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

Decided May 14, 2020.


Given the allegation of a lockout in November 2017, the evidence submitted by defendants that their property remained inside the premises, and defendants' counterclaim for unjust enrichment, summary judgment in plaintiff's favor is precluded by a triable issue of fact as to whether plaintiff prevented defendants from carrying out the surrender obligations under the lease and guaranties (see Insurance Corp. of N.Y. v Central Mut. Ins. Co., 47 A.D.3d...

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