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GAP, INC. v. 44-45 BROADWAY LEASING CO. LLC

Index No. 652549/20, Appeal No. 16149, Case No. 2021-03261.

206 A.D.3d 503 (2022)

171 N.Y.S.3d 466

2022 NY Slip Op 03980

The Gap, Inc., et al., Appellants, v. 44-45 Broadway Leasing Co. LLC, Respondent.

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

Decided June 16, 2022.

Attorney(s) appearing for the Case

MoloLamken LLP, New York ( Steven F. Molo of counsel), for appellants.

Rosenberg & Estis, PC, New York ( Norman Flitt of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kern, Mazzarelli, Shulman, JJ.

Plaintiffs, which leased retail space from defendant to operate their flagship clothing stores in Times Square through June and July 2032, contend that the Governor's shutdown order, effective March 22, 2020, and subsequent health measures required for reopening after June 22, 2020, terminated their leases as a matter of law (see Executive Order [A. Cuomo] Nos. 202.8, 202.31, 202.35 [9 NYCRR 8.202.8, 8.202.31, 8.202.35]...

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