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298 HUMBOLDT, LLC v. TORRES

2018-10828. Index No. 508401/18.

197 A.D.3d 1081 (2021)

153 N.Y.S.3d 507

2021 NY Slip Op 04899

298 Humboldt, LLC, Appellant-Respondent, v. Maria Torres, Respondent-Appellant.

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

Decided September 1, 2021.

Attorney(s) appearing for the Case

Cermele & Wood, LLP, White Plains, NY ( Michael R. Wood , Besar Thaci , and Eric Lindquist of counsel), for appellant-respondent.

Khurana Law Firm, P.C., Brooklyn, NY ( Arvind Khurana of counsel), for respondent-appellant.

Rivera, J.P., Miller, Barros and Brathwaite Nelson, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendant's motion which were pursuant to CPLR 3211(a) to dismiss the causes of action to recover damages for breach of the "Assignment of Rents, Leases and Landlord-Tenant Actions" agreement dated October 21, 2015, and indemnification, and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed insofar as appealed...

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