830 EIGHTH AVE. LLC v. GLOBAL AT 8TH LLC

Index No. 154582/20. Appeal No. 14290-14290A. Case Nos. 2021-01045, 2021-01047.

198 A.D.3d 404 (2021)

152 N.Y.S.3d 310

2021 NY Slip Op 05280

830 Eighth Avenue LLC, Appellant, v. Global at 8th LLC et al., Respondents.

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

Decided October 5, 2021.


Attorney(s) appearing for the Case

SDK Heiberger, LLP, New York ( Steven B. Sperber of counsel), for appellant.

Todd Rothenberg , New Rochelle, for respondents.

Concur—Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.


Plaintiff's initial motion papers, which included an affidavit by plaintiff's managing member who signed the lease for plaintiff, were sufficient to authenticate the relevant documents. The documents had independent legal significance, and did not need to meet the hearsay exception of CPLR 4518(a) (All Borough Group Med. Supply, Inc. v GEICO Ins. Co., 43 Misc.3d 27, 28-29 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013...

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