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DOLLAR CHOICE DEALS, INC. v. ROSS & ROSS, LLC

Index No. 151061/19. Appeal Nos. 14962-14962A. Case Nos. 2020-03602, 2021-02009.

201 A.D.3d 433 (2022)

156 N.Y.S.3d 749

2022 NY Slip Op 00043

Dollar Choice Deals, Inc., Appellant, v. Ross & Ross, LLC, Respondent.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Jonathan Rosenberg, PLLC, Brooklyn ( Ralph P. Franco, Jr. of counsel), for appellant.

Rebore, Thorpe & Pisarello, P.C., Farmingdale ( Michelle S. Russo of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.

Defendant landlord may not be held liable to plaintiff former tenant for disposing of plaintiff's property left in the premises after plaintiff's eviction. The commercial lease specifically provided that all property permitted or required to be removed at the end of the term that remained in the premises after tenant's removal would be deemed abandoned (Tewksbury Mgt. Group, LLC v Rogers Invs. NV LP, 110 A.D.3d 546, 547 [1st Dept...

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