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CAC ATL. LLC v. HARMON STORES

Index No. 652633/2020.

80 Misc.3d 601 (2023)

196 N.Y.S.3d 612

2023 NY Slip Op 23235

CAC ATLANTIC LLC, Plaintiff, v. HARMON STORES, INC., Defendant.

Supreme Court, New York County.

Decided April 7, 2023.

Attorney(s) appearing for the Case

Seyfarth Shaw LLP, New York City ( Jerry A. Montag of counsel), for plaintiff.

Lester Schwab Katz & Dwyer, LLP, New York City ( Dennis M. Rothman of counsel), for defendant.

OPINION OF THE COURT

I. Undisputed Background Facts

On January 22, 2015, defendant tenant entered a commercial lease with plaintiff landlord, for 6,000 square feet of retail space for a Bed Bath & Beyond store at 66 Boerum Place, Kings County, when the building was under construction for conversion...

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