3rd & 60th ASSOC. SUB LLC v. ZAVOLUNOV

Index No. 152736/22, Appeal No. 893, Case No. 2023-03208.

2024 NY Slip Op 00160

3rd AND 60th ASSOCIATES SUB LLC, Plaintiff-Appellant, v. MICHAEL ZAVOLUNOV ET AL., Defendants-Respondents.

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

Decided January 16, 2024.


Attorney(s) appearing for the Case

Friedman Kaplan Seiler Adelman & Robbins, LLP, New York ( Robert S. Smith of counsel), for appellant.

Jacobs P.C., New York ( Adam B. Sherman of counsel), for respondents.

Before: Kern, J.P., Singh, Gesmer, Scarpulla, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Lyle E. Frank, J.) entered June 12, 2023, which granted defendants' motion under CPLR 3211 to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff-landlord and nonparty tenant entered into a lease for commercial property in March 2017 for tenant's use of the premises as a restaurant. Contemporaneously, defendants executed a lease guaranty which guaranteed tenant's payment obligations...

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