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AMERICAN YOUTH DANCE THEATER, INC. v. 4000 E. 102ND ST. CORP.

650052/17. Appeal No. 12963. Case No. 2020-01869.

190 A.D.3d 598 (2021)

2021 NY Slip Op 00382

American Youth Dance Theater, Inc., Respondent, v. 4000 East 102nd Street Corp., Appellant.

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

Decided January 26, 2021.

Attorney(s) appearing for the Case

Cyruli Shanks Hart & Zizmor, LLP, New York ( James E. Schwartz of counsel), for appellant.

Barclay Damon LLP, New York ( Lauren J. Wachtler of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.

Defendant is not entitled to summary judgment because plaintiff's failure to secure a certificate of occupancy (C/O) that would permit use of the leased premises as a physical cultural establishment is curable (see American Youth Dance Theater, Inc. v 4000 E. 102nd St. Corp., 140 A.D.3d 630 [1st Dept 2016]). Plaintiff proceeded diligently and secured a building permit for the necessary...

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