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MATTER OF QUEENS THEATER OWNER, LLC v. WR UNIVERSAL, LLC

2018-00111. Index No. 710578/17.

192 A.D.3d 690 (2021)

139 N.Y.S.3d 844

2021 NY Slip Op 01260

In the Matter of Queens Theater Owner, LLC, Respondent, v. WR Universal, LLC, Appellant.

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

Decided March 3, 2021.

Attorney(s) appearing for the Case

Kevin Kerveng Tung, P.C., Flushing, NY ( Bo Chen of counsel), for appellant.

Fox Rothschild LLP, New York, NY ( Laurie A. Stanziale of counsel), for respondent.

Chambers, J.P., Miller, Duffy and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

The petitioner owns property adjacent to retail property owned by WR Universal, LLC (hereinafter the appellant). It is undisputed that the petitioner obtained all requisite planning approvals for the construction of a residential building and parking lot on its property. In order to begin the demolition of an existing structure and the construction of the residential building, the petitioner is required to temporarily...

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