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37 E. 50TH ST. CORP. v. RESTAURANT GROUP MGT. SERVS., LLC

Index No. 653067/13. Appeal No. 14074-14075. Case No. 2019-5045.

195 A.D.3d 535 (2021)

145 N.Y.S.3d 799

2021 NY Slip Op 03932

37 East 50th Street Corporation, Appellant, v. Restaurant Group Management Services, LLC, Respondent.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

Camarinos Law Group, LLC, New York ( Michael D. Camarinos and John M. Mavroudis of counsel), for appellant.

Pryor Cashman LLP, New York ( Todd E. Soloway , Eric D. Dowell and Itai Y. Raz of counsel), for respondent.

Concur—Acosta, P.J., Webber, Mazzarelli, Kennedy, JJ.

The prior order, affirmed by this Court (156 A.D.3d 569 [1st Dept 2017]), denying defendant's summary judgment motion, does not establish as law of the case that defendant was required to designate plaintiff as a tenant on the lease for the restaurant operated by defendant pursuant to a management agreement with plaintiff. "The denial of [defendant]'s motion for summary judgment established no more than the existence of triable issues of...

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