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GCS SECOND AVENUE OWNER LLC v. MERCHANTS HOSPITALITY INC.

Index No. 652348/17. Appeal No. 13587. Case No. 2020-01892.

193 A.D.3d 503 (2021)

141 N.Y.S.3d 844

2021 NY Slip Op 02244

GCS Second Avenue Owner LLC, Respondent, v. Merchants Hospitality Inc., Appellant, et al., Defendants.

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

Decided April 13, 2021.

Attorney(s) appearing for the Case

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

Blank Rome LLP, New York ( Harris N. Cogan of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.

The court correctly found that the pertinent terms of the May 29, 2014 letter agreement were unambiguous, and required that defendant Merchants Hospitality Inc. pay to plaintiff an amount set forth in the agreement, since the triggering event identified therein had occurred (see generally MPEG LA, LLC v Samsung Elecs. Co., Ltd., 166 A.D.3d 13, 17 [1st Dept 2018], lv denied 32 N.Y.3d 912...

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