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BARTON HALL, LLC v. AFIAA 158 West 27th Street, LLC

Index No. 158788/21. Appeal No. 1069. Case No. 2023-01153.

221 A.D.3d 495 (2023)

198 N.Y.S.3d 355

2023 NY Slip Op 05977

Barton Hall, LLC, et al., Appellants, v. AFIAA 158 West 27th Street, LLC, Respondent.

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

Decided November 21, 2023.

Attorney(s) appearing for the Case

Cyruli Shanks & Zizmor LLP, New York ( Robert J. Cyruli of counsel), for appellant.

Offit Kurman, P.A., New York ( Dani Schwartz of counsel), for respondent.

Concur—Webber, J.P., Singh, Friedman, Mendez, Rosado, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered September 26, 2022, which granted defendant landlord's motion for summary judgment on its counterclaim for unpaid rent against plaintiff guarantor Urban American Holdings III, LLC, unanimously modified, on the law, to clarify that the order does not affect plaintiff tenant Barton Hall, LLC's claims in the first amended complaint, and otherwise affirmed, without costs.

In granting summary judgment to...

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