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808 UNION ST., LLC v. J. LEHMAN PARK SLOPE, LLC

2021-06568. Index No. 504466/21.

216 A.D.3d 883 (2023)

189 N.Y.S.3d 612

2023 NY Slip Op 02632

808 Union Street, LLC, Appellant, v. J. Lehman Park Slope, LLC, et al., Respondents.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York, NY ( Paul N. Gruber , David B. Rosenbaum , Andrew I. Bart , and Joshua Nadelbach of counsel), for appellant.

Wilk Auslander, LLP, New York, NY ( Alan D. Zuckerbrod and Arielle H. Wasserman of counsel), for respondents.

Duffy, J.P., Christopher, Zayas and Wan, JJ., concur.

In an action, inter alia, to recover damages for breach of contract and for declaratory relief, the plaintiff appeals from an order of the Supreme Court, Kings County (Loren Baily-Schiffman, J.), dated August 30, 2021. The order granted the defendants' motion pursuant to CPLR 3211(a)(7) to dismiss so much of the second cause of action as sought a judgment declaring that the defendant John Lehman is liable for unpaid rent due and owing pursuant to a lease agreement between...

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