SUBWAY REAL ESTATE CORP. v. SALEEM

652759/17. Appeal No. 11989. Case No. 2019-3724.

187 A.D.3d 495 (2020)

130 N.Y.S.3d 293

2020 NY Slip Op 05609

Subway Real Estate Corp., Appellant-Respondent, v. Muhammad Saleem, Respondent-Appellant, et al., Defendant.

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

Decided October 8, 2020.


The court correctly concluded that, in light of the settlement agreement, plaintiff's claims for reimbursement of the payment of real estate taxes it made pursuant to that agreement and the legal fees it incurred in the settled litigations could not be premised on repayment or indemnification obligations owed by defendants pursuant to a purported sublease but could be based only on the terms of the settlement agreement.

However, even viewed in the light most favorable...

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