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VICTORIA'S SECRET STORES, LLC v. HERALD SQ. OWNER LLC

Index No. 651833/20. Appeal No. 17004-17005. Case Nos. 2022-00195, 2022-00196.

211 A.D.3d 657 (2022)

181 N.Y.S.3d 531

2022 NY Slip Op 07529

Victoria's Secret Stores, LLC, as Successor in Interest to Victoria's Secret Stores, Inc., et al., Appellants, v. Herald Square Owner LLC, as Successor in Interest to 1328 Broadway, LLC, Respondent.

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Davidoff Hutcher & Citron LLP, New York ( Matthew R. Yoggl of counsel and Goldstein & Russell, P.C., Behesda, MD ( Kevin K. Russell of the bar of the State of Maryland, admitted pro hac vice, of counsel), for appellants.

Meister Seelig & Fein LLP, New York ( Stephen B. Meister of counsel), for respondent.

Friedman Kaplan Seiler & Adelman LLP, New York ( Stan Chiueh of counsel), for amicus curiae.

Concur—Manzanet-Daniels, J.P., Oing, Singh, Moulton, Mendez, JJ.

Judgment, Supreme Court, New York County (Andrew S. Borrok, J.), entered August 6, 2021, awarding defendant damages unanimously affirmed, without costs. Order, same court and Justice, entered on or about July 23, 2021, which granted defendant's motion for summary judgment on its counterclaims seeking holdover damages from September 2020 through February 2021, unanimously affirmed, without costs. Order and partial judgment, same court and Justice, entered May 9, 2022, which...

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