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  5. 191 A.D.3d 939 (2021)
 

BLINDS TO GO (U.S.), INC. v. TIMES PLAZA DEV., L.P.

2019-02006. Index No. 41932/03.

191 A.D.3d 939 (2021)

143 N.Y.S.3d 91

2021 NY Slip Op 08163

Blinds to Go (U.S.), Inc., Appellant-Respondent, v. Times Plaza Development, L.P., Respondent-Appellant.

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

Decided February 24, 2021.

Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York, NY ( William R. Fried and David R. King of counsel), for appellant-respondent.

Kenneth J. Glassman , New York, NY, for respondent-appellant.

Rivera, J.P., Duffy, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was for a determination that it was the prevailing party entitled to attorney's fees and costs pursuant to the lease is denied, and the orders dated June 14, 2017, and January 17, 2018, are modified accordingly; it is further,

Ordered that the cross appeal is dismissed as academic in light of our determination on the appeal; and it is further,

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