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MAYORE ESTATES LLC v. CENTURY 21, INC.

Index No. 653645/21, Appeal No. 1976, Case No. 2023-01066.

2024 NY Slip Op 01874

MAYORE ESTATES LLC, ET AL., Plaintiffs-Respondents, v. CENTURY 21, INC., ETC., Defendant-Appellant.

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

Decided April 4, 2024.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Evan Krinick of counsel), for appellant.

Holland & Knight, LLP, New York ( Alexander Lycoyannis of counsel), for respondents.

Before: Renwick, P.J., Manzanet-Daniels, Kennedy, Mendez, Michael, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered February 15, 2023, which denied defendant tenant's motion to dismiss the cause of action for a declaratory judgment that plaintiff was entitled to the proceeds of a letter of credit (the fourth cause of action), unanimously affirmed, with costs.

Supreme Court properly determined that the 2021 predicate notices, dated April 16, 2021 and May 24, 2021, underlying plaintiff landlord's cause of action for...

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