CHELSEA 8TH AVE. LLC v. CHELSEAMILK LLC

Index No. 158387/22. Appeal No. 880. Case No. 2023-02095.

220 A.D.3d 565 (2023)

198 N.Y.S.3d 328

2023 NY Slip Op 05359

Chelsea 8th Avenue LLC et al., Appellants, v. Chelseamilk LLC, Doing Business as Milk Bar Chelsea, Respondent.

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

Decided October 24, 2023.


Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York ( Paul N. Gruber of counsel), for appellants.

Reitler Kailas & Rosenblatt LLP, New York ( Brett Van Benthysen of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Rodriguez, Pitt-Burke, Higgitt, Rosado, JJ.


Order, Supreme Court, New York County (Suzanne J. Adams, J.) entered April 10, 2023, which denied plaintiffs' motion for summary judgment on their claims for unpaid rent and attorneys' fees and dismissing the affirmative defenses, unanimously modified, on the law, to grant plaintiffs' motion as to the first and third affirmative defenses, and otherwise affirmed, without costs.

The motion court properly denied plaintiffs' motion for summary judgment seeking a lump...

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