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PRADA USA CORP. v. 724 FIFTH FEE OWNER LLC

Index No. 657674/19. Appeal No. 15403. Case No. 2021-03555.

203 A.D.3d 412 (2022)

163 N.Y.S.3d 68

2022 NY Slip Op 01277

Prada USA Corp., Appellant, v. 724 Fifth Fee Owner LLC et al., Respondents.

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

Decided March 1, 2022.

Attorney(s) appearing for the Case

Sullivan & Cromwell LLP, New York ( Marc De Leeuw of counsel), for appellant.

Quinn Emanuel Urquhart & Sullivan, LLP, New York ( Stephen R. Neuwirth of counsel), for respondents.

Concur— Gische, J.P., Oing, Kennedy, Mendez, Shulman, JJ.

The motion court correctly construed the fourth amendment to the parties' lease (fourth amendment) to allow plaintiff to collect its actual damages for breach of the agreement by defendant 724 Fifth Fee Owner LLC (Owner) and correctly dismissed the second, third, fourth, and those portions of the fifth causes of action in the amended complaint that sought certain payments under the agreement or to allow plaintiff to terminate the lease. Under the fourth amendment, the parties...

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