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274 MADISON CO. v. VIEIRA

Index No. 151756/20. Appeal No. 15786. Case No. 2021-03692.

205 A.D.3d 403 (2022)

168 N.Y.S.3d 30

2022 NY Slip Op 02937

274 Madison Company, LLC, Appellant, v. Cristhiane Vieira, Respondent.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York ( Paul N. Gruber of counsel), for appellant.

The Law Office of Jordi Fernandez, New York ( Jordi Fernandez of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

The nonparty tenant, a language school, was a nonessential business that was compelled to stop all in-office functions by the Governor's Executive Order (A. Cuomo) No. 202.6 (9 NYCRR 8.202.6) in March 2020. As a result, the tenant was forced to close permanently. Defendant, the principal and guarantor of the tenant, attempted to surrender the premises on March 31, 2020.

Plaintiff initially sought to recover the unpaid rent from defendant for the period from November...

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