644 E. 14TH REALTY LLC v. MOUNT SINAI HEALTH SYS., INC.

Index No. 651941/20. Appeal No. 15848. Case No. 2021-01219.

205 A.D.3d 405 (2022)

168 N.Y.S.3d 29

2022 NY Slip Op 02938

644 E. 14th Realty LLC, Respondent, v. Mount Sinai Health System, Inc., Appellant.

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

Decided May 3, 2022.


Attorney(s) appearing for the Case

Duane Morris LLP, New York ( Kevin J. Fee of counsel), for appellant.

Stein Adler Dabah & Zelkowitz, LLP, New York ( Noam Besdin of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.


The motion court properly denied defendant's motion to dismiss plaintiff's claim for breach of the provision in the February 9, 2018 letter of intent entitling either party to a "breakup fee," which stated, "Should either party fail to execute a lease within 120 days of the execution date of this Letter of Intent, that party shall pay a fee equal to $2 million to the other party as compensation." Contrary to defendant's contention, this provision of the letter of intent is...

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