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P62 LLC v. WFP RETAIL CO. L.P.

Index No. 650649/18. Appeal No. 13190. Case No. 2020-03171.

191 A.D.3d 583 (2021)

143 N.Y.S.3d 333

2021 NY Slip Op 01146

P62 LLC, Formerly Known as 225 Liberty LLC, Respondent, v. WFP Retail Co. L.P., Appellant/Third-Party Plaintiff-Appellant. Ibrahim Merchant, Also Known as Abraham Merchant, et al., Third-Party Defendants-Respondents.

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

Decided February 23, 2021.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York ( Kenneth A. Philbin of counsel), for appellant.

Alonso Andalkar & Facher, P.C., New York ( Mark J. Alonso of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Mazzarelli, Oing, JJ.

We modify, however, to grant summary judgment as to liability to defendant on its first counterclaim and first third-party claim for unpaid rent under the relevant leases and guaranties, as plaintiff and third-party defendants do not dispute that there is outstanding unpaid rent under the leases, which were subject to express guaranties by third-party defendants (Gansevoort 69 Realty LLC v Laba, 130 A.D.3d 521 [1st Dept 2015]). To...

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