1710 REALTY, LLC v. PORTABELLA 308 UTICA, LLC

2018-00375. Index No. 516951/16.

189 A.D.3d 944 (2020)

138 N.Y.S.3d 523

2020 NY Slip Op 07329

1710 Realty, LLC, Respondent, v. Portabella 308 Utica, LLC, et al., Appellants.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Smith & Shapiro, New York, NY ( Harry Shapiro of counsel), for appellants.

Berger Fink LLP, Brooklyn, NY ( David M. Berger and Jason M. Fink of counsel), for respondent.

Scheinkman, P.J., Dillon, LaSalle and Christopher, JJ., concur.


Ordered that the order is modified, on the law, (1) by deleting the provisions thereof denying those branches of the defendants' motion which were for summary judgment dismissing the complaint and on their first counterclaim for the recovery of the security deposit and first month's rent, and substituting therefor provisions granting those branches of the motion, and (2) by deleting the provisions thereof granting those branches of the plaintiff's cross motion which were...

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