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LANDMARK PLAZA PROPS. CORP. v. H2M ARCHITECTS, ENGRS., LAND SURVEYING & LANDSCAPE ARCHITECTURE, D.P.C.

2018-10705. Index No. 605572/18.

189 A.D.3d 1200 (2020)

134 N.Y.S.3d 248

2020 NY Slip Op 07555

Landmark Plaza Properties Corp., Appellant, v. H2M Architects, Engineers, Land Surveying and Landscape Architecture, D.P.C., et al., Respondents.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Glenn T. Nugent , Amityville, NY, for appellant.

William G. Rospars , Melville, NY, for respondents.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff, Landmark Plaza Properties Corp., owns commercial property which it leases to its tenant Islip Theaters LLC (hereinafter the tenant). Pursuant to a so-ordered stipulation of settlement in a consolidated action between the plaintiff and the tenant, the tenant agreed to purchase and install a new roof and to forward to the plaintiff certain documentation, including a certification from "H2M Architects and...

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