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MD3, INC. v. SELECHNIK

Index Nos. 21078/14E, 43124/19E. Appeal No. 14794. Case No. 2020-04389.

200 A.D.3d 463 (2021)

155 N.Y.S.3d 78

2021 NY Slip Op 06808

MD3, Inc., Appellant, v. Jacob Selechnik, Doing Business as 1110 Wyatt LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Paskoff & Tamber, LLP, New York ( Adam Paskoff of counsel), for appellant.

Kaufman Borgeest & Ryan LLP, Valhalla ( David Bloom of counsel), for respondents.

Concur—Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.

The court correctly dismissed plaintiff tenant's first, second, third, fourth, and fifth causes of action, all of which were for breach of contract, and plaintiff's twelfth, thirteenth, and fourteenth causes of action, all of which sought a declaratory judgment for partial actual eviction. Plaintiff's withholding of the rent and fee owed under the lease for the commercial space and advertising sign constituted an election of remedies...

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