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NOAMEX, INC. v. DOMSEY WORLDWIDE, LTD.

2019-13419. Index No. 509566/18.

192 A.D.3d 817 (2021)

144 N.Y.S.3d 77

2021 NY Slip Op 01422

Noamex, Inc., Respondent, v. Domsey Worldwide, Ltd., Appellant.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Rosenberg Feldman Smith, LLP (Shaub Ahmuty Citrin & Spratt, LLP, Lake Success, NY [ Christopher Simone and Sean Harriton ], of counsel), for appellant.

Lazer, Aptheker, Rosella & Yedid, P.C., Melville, NY ( Giuseppe Fanzella of counsel), for respondent.

Mastro, A.P.J., Hinds-Radix, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment, inter alia, declaring that the termination of the parties' sublease was valid.

In August 2014, the plaintiff entered into a prime lease with the owner of a warehouse building in Brooklyn. At the same time, the plaintiff entered into a sublease whereby the defendant sublet a portion...

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