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GFE JEROME AVE. LLC v. STEPH-LEIGH ASSOC., LLC

Index No. 33597/18E. Appeal No. 14807. Case No. 2021-02407.

200 A.D.3d 490 (2021)

155 N.Y.S.3d 82

2021 NY Slip Op 06919

GFE Jerome Avenue LLC, Appellant-Respondent, v. Steph-Leigh Associates, LLC, Respondent-Appellant.

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

Decided December 9, 2021.

Attorney(s) appearing for the Case

Meister Seelig & Fein LLP, New York ( Eugene Meyers of counsel), for appellant-respondent.

Kenneth C. Henry, Jr., PC, Westbury ( Kenneth C. Henry, Jr. of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.

Neither party established its entitlement to summary judgment on the cause of action for breach of the lease. The requirement in article 44 of the parties' lease that defendant landlord provide plaintiff tenant with a gas line implicitly obligated defendant to provide a functional gas line for the operation of plaintiff's restaurant (see Second on Second Café, Inc. v Hing Sing Trading, Inc., 66 A.D.3d 255, 256 [1st Dept 2009...

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