SUBWAY REAL ESTATE CORP. v. JAHEDI

Index No. 652369/17. Appeal No. 668. Case No. 2022-04186.

220 A.D.3d 433 (2023)

197 N.Y.S.3d 138

2023 NY Slip Op 04953

Subway Real Estate Corp., Respondent, v. Manijeh Jahedi, Appellant.

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

Decided October 3, 2023.


Attorney(s) appearing for the Case

Maryam Jahedi-Perez , New York, for appellant.

Kaufman & Kahn, LLP, New York ( Robert L. Kahn of counsel), for respondent.

Concur—Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Frank P. Nervo, J.), entered September 20, 2022, which granted plaintiff's motion for summary judgment on the complaint seeking $40,000 plus attorneys' fees under the parties' sublease, unanimously affirmed, without costs.

Contrary to defendant's contention, plaintiff's witness was competent to identify the business records in support of the motion, which were undisputed by defendant (see e.g. General Bank v Mark II Imports...

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