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REDBRIDGE LLC v. 240 BEDFORD

2019-1338 KC.

71 Misc.3d 22 (2021)

145 N.Y.S.3d 275

2021 NY Slip Op 21065

REDBRIDGE BEDFORD, LLC, Respondent, v. 240 BEDFORD AVE. REALTY HOLDING CORP. et al., Appellants, et al., Undertenant.

Supreme Court, Appellate Term, Second Department.

Decided March 19, 2021.

Attorney(s) appearing for the Case

Wenig Saltiel, LLP ( Meryl L. Wenig and Sehzad M. Sooklall of counsel) for appellants.

Adam Leitman Bailey, P.C. ( Jonathan D. Lupkin of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, the order dated July 17, 2019, is vacated, and landlord's motion for summary judgment is denied.

In this commercial holdover proceeding commenced in 2018, landlord alleges that tenant supermarket breached a substantial obligation of the lease by, insofar as is relevant to this appeal, after having been served with a notice to cure, bringing a declaratory...

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