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CREATIVE REST., INC. v. DYCKMAN PLUMBING & HEATING, INC.

2018-11110. Index No. 504716/18.

184 A.D.3d 803 (2020)

126 N.Y.S.3d 498

2020 NY Slip Op 03499

Creative Restaurant, Inc., et al., Appellants, v. Dyckman Plumbing and Heating, Inc., et al., Defendants, and Cherico King Architect, P.C., Respondent.

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

Decided June 24, 2020.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Cherico King Architect, P.C., pursuant to CPLR 3211(a) to dismiss the amended complaint insofar as asserted against it is denied.

In March 2014, the plaintiff Creative Restaurant, Inc. (hereinafter the plaintiff), leased the first floor of a building located at 8620 4th Avenue in Brooklyn for the purpose of operating a franchise known as "Little Caesar's" (hereinafter the premises...

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