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L. RAPHAEL NYC C1 CORP. v. SOLOW BLDG. CO., L.L.C.

Index No. 651456/18, Appeal No. 16239, Case No. 2019-03560.

206 A.D.3d 590 (2022)

172 N.Y.S.3d 10

2022 NY Slip Op 04221

L. Raphael NYC C1 Corp., Doing Business as Raphael Temple of Beauty, Plaintiff, v. Solow Building Company, L.L.C., Appellant, et al., Defendant. Ronit Raphael Leitersdorf, Additional Counterclaim Defendant-Respondent.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

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

Concur—Kapnick, J.P., Friedman, Moulton, Shulman, Pitt, JJ.

In January 2013, Solow leased the ninth floor of its building on West 58th Street in Manhattan to C1 Corp. At that time, Leitersdorf executed a broad, absolute, and unconditional guaranty in favor of Solow guaranteeing to pay for any breach of the lease by C1 Corp. or any default by C1 Corp. in connection therewith. In November 2015, C1 Corp. began withholding rent from Solow due to a dispute concerning construction taking place in the building by defendant Bergdorf Goodman...

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