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862 SECOND AVENUE LLC v. 2 DAG HAMMARSKJOLD PLAZA CONDOMINIUM

Index No. 655408/16. Appeal No. 15888. Case No. 2021-02622.

205 A.D.3d 447 (2022)

168 N.Y.S.3d 455

2022 NY Slip Op 03047

862 Second Avenue LLC, Respondent, v. 2 DAG Hammarskjold Plaza Condominium, Appellant, et al., Defendants.

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

Decided May 5, 2022.

Attorney(s) appearing for the Case

Moulinos & Associates LLC, New York ( Peter Moulinos of counsel), for appellant.

Paul Hastings LLP, New York ( Zachary Zwillinger counsel), for respondents.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

The motion court properly determined that as a result of the lease's termination, all rights to the premises, including the development rights, reverted to plaintiff. As we determined on an earlier appeal (862 Second Ave. LLC v 2 Dag Hammarskjold Plaza Condominium, 185 A.D.3d 421 [1st Dept 2020]), defendant's assertion that it obtained ownership of the development rights upon termination of the lease was "unsupported," and it is...

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