ZOOM TAN, INC. v. SHERIDAN PLAZA, LLC

407 CA 21-00665.

206 A.D.3d 1635 (2022)

167 N.Y.S.3d 883

2022 NY Slip Op 03630

Zoom Tan, Inc., Respondent, v. Sheridan Plaza, LLC, Appellant.

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

Decided June 3, 2022.


Attorney(s) appearing for the Case

DAVIDSON FINK LLP, ROCHESTER ( RICHARD N. FRANCO OF COUNSEL), FOR DEFENDANT-APPELLANT.

HARRIS BEACH PLLC, PITTSFORD ( JAMES P. NONKES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present— Smith, J.P., Centra, Lindley and Curran, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiff's cross motion, granting defendant's motion in part, and dismissing the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiff tenant commenced this action seeking specific performance of a lease between plaintiff and defendant landlord, alleging that defendant breached the lease by not constructing an agreed-upon buildout of the...

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