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PENNY PORT, LLC v. METROPOLITAN TRANSP. AUTH.

Index No. 161815/15. Appeal No. 13977-13977A. Case Nos. 2020-02548, 2020-04482.

195 A.D.3d 424 (2021)

144 N.Y.S.3d 583

2021 NY Slip Op 03417

Penny Port, LLC, Appellant, v. Metropolitan Transportation Authority et al., Respondents.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Davidoff Hutcher & Citron LLP, New York ( David H. Wander of counsel), for appellant.

Hoguet Newman Regal & Kenney, LLP, New York ( Ira J. Lipton of counsel), for respondents.

Concur—Kern, J.P., Moulton, González, Scarpulla, JJ.

Plaintiff, the owner of Michael Jordan Steakhouse previously located in Grand Central Terminal, seeks to recover damages caused to its business as a result of defendants' years-long leak remediation project, which involved placing barricades on Vanderbilt Avenue. The lease between plaintiff and defendants MTA and Metro North contained a provision related to construction work undertaken by MTA. Section 15.3 provided that MTA might...

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