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OSG, LLC v. 119 W. 25th LLC

105037/08.

2008 NY Slip Op 51302 (U)

OSG, LLC, Plaintiff, v. 119 WEST 25TH LLC, Defendant.

Supreme Court of the State of New York, New York County.

Decided June 20, 2008.

Attorney(s) appearing for the Case

Herrick, Feinstein, LLP, By: Christopher McNally, Esq., New York, New York, for Plaintiff.

Seligson, Rothman & Rothman, Esqs., By: Alyne I. Diamond, Esq., New York, New York, for Defendant.

MICHAEL D. STALLMAN, J.

Plaintiff tenant moves for a preliminary injunction, pursuant to CPLR 6301, enjoining defendant landlord from performing demolition and construction work on the building in which plaintiff has leased commercial space.

BACKGROUND

Plaintiff entered into a seven-year commercial lease that terminates on May 30, 2011, with defendant's predecessor in interest. Pursuant to the lease, plaintiff rented a portion of the fourth floor...

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