ARISTA DEVELOPMENT, LLC v. CLEARMIND HOLDINGS, LLC

319 CA 21-00979.

207 A.D.3d 1127 (2022)

172 N.Y.S.3d 271

2022 NY Slip Op 04451

Arista Development, LLC, Appellant, v. Clearmind Holdings, LLC, Doing Business as Dirt Cheap TV, Respondent.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

SHELBY, BAKSHI & WHITE, WILLIAMSVILLE ( JUSTIN S. WHITE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COLLIGAN LAW LLP, BUFFALO ( KEVIN T. O'BRIEN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, Curran and Bannister, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and that part of the motion seeking summary judgment on the first cause of action is granted.

Memorandum: Plaintiff, a commercial landlord, commenced this action against defendant, a tenant that operated a retail store for low priced electronics on premises rented pursuant to a lease, asserting causes of action for breach of contract and for attorneys' fees...

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