VICTORIA'S SECRET STORES, LLC v. NEW WTC RETAIL OWNER LLC

656078/19. Appeal No. 13727. Case No. 2020-03711.

194 A.D.3d 438 (2021)

143 N.Y.S.3d 205

2021 NY Slip Op 02773

Victoria's Secret Stores, LLC, Respondent, v. New WTC Retail Owner LLC, Appellant.

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

Decided May 4, 2021.


Attorney(s) appearing for the Case

Blank Rome LLP, New York ( Mara B. Levin of counsel), for appellant.

Crowell & Moring LLP, New York ( Allyson M. McKinstry of counsel), for respondent.

Concur— Gische, J.P., Mazzarelli, Oing, González, JJ.


On March 31, 2015, the parties entered into a 10-year lease for retail premises that provided that the "Grand Opening Date" was "[e]stimated" to be October 8, 2015 and that defendant "shall endeavor" to give plaintiff an estimated delivery date at least 270 days prior to the expected delivery date of the premises. Plaintiff commenced this action on or about October 17, 2019, alleging that defendant breached the terms of the lease...

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