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RUSTIC LES, INC. v. 124 RIDGE LLC

Index No. 157993/14. Appeal No. 15139-15139A. Case No. 2021-02440. 2021-02441.

201 A.D.3d 579 (2022)

157 N.Y.S.3d 715

2022 NY Slip Op 00388

Rustic LES, Inc., Respondent, v. 124 Ridge LLC, Appellant, et al., Defendant.

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

Decided January 25, 2022.

Attorney(s) appearing for the Case

Rose & Rose, New York ( James E. Bayley of counsel), for appellant.

Peyrot & Associates, P.C., New York ( David C. Van Leeuwen of counsel), for respondent.

Concur—Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.

The trial court's findings are supported by a fair interpretation of the evidence (see Saperstein v Lewenberg, 11 A.D.3d 289 [1st Dept 2004]). The testimony of plaintiff's principal, documentary evidence and photographs support the findings that plaintiff was constructively evicted from the basement and backyard space. Defendant's ongoing performance of construction at the premises including its removal of the roof and demolition...

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