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FLATIRON 30 LLC v. THE CONTINUUM CO. LLC

Index No. 653355/21, Appeal No. 2258, Case No. 2023-04040.

2024 NY Slip Op 02590

FLATIRON 30 LLC, Plaintiff-Respondent, v. THE CONTINUUM COMPANY LLC, Defendant-Appellant.

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

Decided May 9, 2024.

Attorney(s) appearing for the Case

Kucker Marina Winiarsky & Bittens, LLP, New York ( Christopher McCann of counsel), for appellant.

Cutler Minikes & Adelman LLP, New York ( Jonathan Z. Minikes of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Singh, Kapnick, Gesmer, Rodriguez, JJ.

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered July 13, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiff Flatiron 30 LLC's motion for summary judgment, unanimously affirmed, with costs.

In this commercial lease dispute, plaintiff established its entitlement to summary judgment on its claims of rent and additional rent based on defendant's breach of the lease agreement through the affidavit of its manager, who...

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