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OLMA SERV. 21 GROUP, LLC v. SAHARA PLAZA LLC

Index No. 654424/21, Appeal No. 1899, Case No. 2023-04173.

2024 NY Slip Op 01612

OLMA SERVICE 21 GROUP, LLC, ET AL., Plaintiffs-Appellants, v. SAHARA PLAZA LLC, Defendant-Respondent.

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

Decided March 21, 2024.

Attorney(s) appearing for the Case

Garry Pogil , New York, for appellants.

Warshaw Burstein, LLP, New York ( Maxwell J. Rubin of counsel), for respondent.

Before: Oing, J.P., Kapnick, Shulman, Rodriguez, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered August 11, 2023, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court correctly found that plaintiffs failed to raise an issue of fact concerning wrongful eviction from the Food Hall of The Plaza Hotel (see Barash v Pennsylvania Term. Real Estate Corp., 

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