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DURST PYRAMID LLC v. SILVER CINEMAS ACQUISITION CO.

Index No. 656926/20 Appeal No. 1171 Case No. 2022-05812.

222 A.D.3d 431 (2023)

199 N.Y.S.3d 68

2023 NY Slip Op 06311

Durst Pyramid LLC, Respondent, v. Silver Cinemas Acquisition Co., Doing Business as Landmark Theatres, et al., Appellants.

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

Decided December 7, 2023.

Attorney(s) appearing for the Case

Harwood Reiff LLC, New York ( Donald A. Harwood of counsel), for appellants.

Rosenberg & Estis, P.C., New York ( Ethan R. Cohen of counsel), for respondent.

Concur—Webber, J.P., Scarpulla, Pitt-Burke, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered June 21, 2022, which, to the extent appealed from as limited by the briefs, granted plaintiff landlord's motion for summary judgment dismissing defendants' affirmative defenses and their counterclaim for commercial tenant harassment, and for summary judgment in its favor on its cause of action for rent arrears, and denied defendants' cross-motion for leave to amend...

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