GROCERY LEASING CORP. v. P&C MERRICK REALTY CO., LLC

2020-03947. Index No. 707253/17.

197 A.D.3d 628 (2021)

153 N.Y.S.3d 82

2021 NY Slip Op 04702

Grocery Leasing Corp., Respondent, v. P&C Merrick Realty Co., LLC, Defendant, and 104-16, LLC, et al., Appellants.

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

Decided August 18, 2021.


Attorney(s) appearing for the Case

Bruno, Gerbino, Soriano & Aitken, LLP, Melville, NY ( Susan B. Eisner of counsel), for appellants.

Kaplan Levenson, P.C., New York, NY ( Steven M. Kaplan of counsel), for respondent.

LaSalle, P.J., Dillon, Miller and Connolly, JJ., concur.


Ordered that the order is affirmed, with costs.

The relevant background facts are set forth in this Court's decision and order on related appeals (Grocery Leasing Corp. v P&C Merrick Realty Co., LLC, 197 A.D.3d 625 [2021] [decided herewith]).

In addition, as relevant to this appeal, in January 2018, the plaintiff served an amended complaint without leave of court, after which the Supreme Court granted...

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