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BOOSTON LLC v. 35 WEST REALTY CO., LLC

Index No. 654308/19 Appeal No. 17380-17381 Case Nos. 2022-03792, 2022-03794.

213 A.D.3d 553 (2023)

184 N.Y.S.3d 332

2023 NY Slip Op 00949

Booston LLC, Respondent, v. 35 West Realty Co., LLC, Appellant.

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

Decided February 21, 2023.

Attorney(s) appearing for the Case

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

David Rozenholc & Associates, New York ( James B. Fishman of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Kennedy, Pitt-Burke, JJ.

Order and declaratory judgment (one paper), Supreme Court, New York County (Margaret A. Chan, J.), entered July 20, 2022, which, to the extent appealed from as limited by the briefs, denied defendant's motion for partial summary judgment dismissing plaintiff's first cause of action seeking a declaration that plaintiff has not violated any substantial obligation of its tenancy and has not defaulted under any provision of its lease...

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