BLDG ABI ENTERPRISES, LLC v. 711 SECOND AVENUE CORP.

Index No. 110703/11. Appeal No. 15882-15882A. Case No. 2020-02584. 2021-00385.

205 A.D.3d 449 (2022)

165 N.Y.S.3d 699

2022 NY Slip Op 03048

BLDG ABI Enterprises, LLC, Respondent, v. 711 Second Avenue Corp. et al., Appellants.

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

Decided May 5, 2022.


Attorney(s) appearing for the Case

Michael R. Curran , Flushing, for appellants.

Livoti Bernstein & Moraco, PC, Bedford ( Robert F. Moraco of counsel), for respondent.

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


On May 24, 2010, Civil Court entered a default judgment of possession in favor of plaintiff in a summary proceeding to recover possession of the real property that was the subject of a 12-year commercial lease agreement and personal guaranty with defendants, and in September 2011, plaintiff commenced this action for unpaid rent under that lease. In May 2012, defendants' motion to dismiss the complaint was granted only as to defendant Cheng based on a finding that the lease...

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