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850 THIRD AVE. OWNER, LLC v. DISCOVERY COMMUNICATIONS, LLC

Index No. 654148/20. Appeal No. 15936. Case No. 2021-02182.

205 A.D.3d 498 (2022)

169 N.Y.S.3d 39

2022 NY Slip Op 03171

850 Third Avenue Owner, LLC, Appellant, v. Discovery Communications, LLC, Respondent.

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

Decided May 12, 2022.

Attorney(s) appearing for the Case

Schlam Stone & Dolan LLP, New York ( Joshua Wurtzel of counsel), for appellant.

Sills Cummis & Gross P.C., New York ( Mitchell D. Haddad of counsel), for respondent.

Concur— Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.

In this action for unpaid rent/holdover rent under a now expired lease, defendant's argument that summary judgment was properly denied because plaintiff submitted the pleadings only by way of a supplemental affirmation is unavailing (see Washington Realty Owners, LLC v 260 Wash. St., LLC, 105 A.D.3d 675 [1st Dept 2013] [summary judgment can be granted when complete set of pleadings is available from all the materials submitted])...

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