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HYLAN ROSS, LLC v. 2582 HYLAN BLVD. FITNESS GROUP, LLC

2019-14388, Index No. 151877/19.

206 A.D.3d 893 (2022)

172 N.Y.S.3d 29

2022 NY Slip Op 04014

Hylan Ross, LLC, Appellant, v. 2582 Hylan Boulevard Fitness Group, LLC, et al., Respondents.

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, New York, NY ( Chester R. Ostrowski and Jason S. Giaimo of counsel), for appellant.

Olshan Frome Wolosky LLP, New York, NY ( Thomas J. Fleming and Tara S. Richelo of counsel), for respondents.

Iannacci, J.P., Roman, Genovesi and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff is the successor in interest to BMN, LLC (hereinafter the landlord), which owned certain property on Staten Island. In March 2013, the landlord entered into a lease agreement with the defendant 2582 Hylan Boulevard Fitness Group, LLC, doing business as Planet Fitness (hereinafter the tenant), for the tenant to operate a health club and fitness facility on two floors of the property (hereinafter the premises...

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