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5 STAR HOLDINGS NY, LLC v. KOHL'S DEPT. STORES, INC.

2021-00262. Index No. 617240/19.

220 A.D.3d 830 (2023)

198 N.Y.S.3d 169

2023 NY Slip Op 05240

5 STAR HOLDINGS NY, LLC, et al., Appellants, v. Kohl's Department Stores, Inc., Respondent, et al., Defendant.

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

Decided October 18, 2023.

Attorney(s) appearing for the Case

Jonathan A. Stein, P.C., Cedarhurst, NY, for appellants.

Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York, NY ( Carl F. Regelmann of counsel), for respondent.

George W. Wright & Associates, LLC, New York, NY ( Narinder S. Parmar of counsel), for defendant Network Trucking Co., Inc..

Barros, J.P., Maltese, Warhit and Taylor, JJ., concur.

In an action, inter alia, to recover damages for wrongful eviction pursuant to RPAPL 853, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Stephen A. Bucaria, J.), dated October 22, 2020. The order, insofar as appealed from, granted the motion of the defendant Kohl's Department Stores, Inc., pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging wrongful eviction pursuant to RPAPL 853 insofar as asserted against it.

Ordered that...

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