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NEW YORK TILE WHOLESALE CORP. v. HERRICK FEINSTEIN, LLP

2021-00956. Index No. 515280/18.

205 A.D.3d 723 (2022)

165 N.Y.S.3d 703

2022 NY Slip Op 02999

New York Tile Wholesale Corp., Appellant, v. Herrick Feinstein, LLP, Respondent, et al., Defendants. Thomas Fatato Realty Corp., et al., Nonparties.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Feder Kaszovitz, LLP, New York, NY ( Murray L. Skala and Bruce Robins , of counsel), for appellant.

Pillsbury Winthrop Shaw Pittman, LLP, New York, NY ( David G. Keyko and Jay D. Dealy of counsel), for respondent.

Harris Beach, PLLC, White Plains, NY ( Darius P. Chafizadeh and Doreen Klein of counsel), for nonparties Thomas Fatato Realty Corp. and Garden Estates, LLC.

Brathwaite Nelson, J.P., Chambers, Wooten and Zayas, JJ., concur.

Ordered that the order is affirmed, with one bill of costs to the respondent.

In 1986, the plaintiff entered into a lease agreement with nonparty Thomas Fatato Realty Corp. (hereinafter Fatato) to lease a portion of certain commercial property in Brooklyn. In December 2001, the plaintiff commenced an action against Fatato, among others, inter alia, to recover damages for an alleged breach of the right of first refusal provision of the lease (hereinafter the 2001 action...

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