TWINKLE PLAY CORP. v. ALIMAR PROPS., LTD.

2018-10896. Index No. 503585/18.

186 A.D.3d 1447 (2020)

128 N.Y.S.3d 848

2020 NY Slip Op 04987

Twinkle Play Corp., Appellant, v. Alimar Properties, Ltd., Respondent.

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

Decided September 16, 2020.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211(a) to dismiss the third cause of action is denied.

In March 2017, the plaintiff, as tenant, and the defendant, as landlord, entered into a commercial lease, whereby the plaintiff was to open and operate a children's play and party space on the ground floor of a building owned by the defendant in Brooklyn. In...

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