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MATTER OF 240W35, LLC v. 243 W. 34TH ST. LLC

153031/20. Appeal No. 13809. Case No. 2020-02413.

194 A.D.3d 462 (2021)

143 N.Y.S.3d 542

2021 NY Slip Op 02974

In the Matter of 240W35, LLC, Respondent, v. 243 West 34th Street LLC, Appellant.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Judith M. Brener , New York ( Bension D. DeFunis of counsel), for appellant.

Adam Leitman Bailey, P.C., New York ( Jeffrey R. Metz of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.

The terms of the license granted by the motion court were reasonable (see Matter of Tsoumpas 1105 Lexington Equities, LLC v 1109 Lexington Ave. LLC, 189 A.D.3d 524, 525 [1st Dept 2020]). Respondent fails to identify any prejudice arising from the license, for which it will be duly compensated upon application. Nothing in the court's determination would preclude respondent from seeking additional relief as future circumstances require...

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