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ARTCORP INC. v. CITIRICH REALTY CORP.

1363N, 653878/13.

140 A.D.3d 417 (2016)

30 N.Y.S.3d 872

2016 NY Slip Op 04315

ARTCORP INC., Appellant, v. CITIRICH REALTY CORP., Respondent.

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

Decided June 2, 2016.

In this action seeking to prevent the termination of a commercial lease, the motion court providently exercised its discretion in denying plaintiff's motion, made more than a year after defendant's purported default, and in granting defendant's cross motion (see Guzetti v City of New York, 32 A.D.3d 234, 238 [1st Dept 2006]). Defendant provided a reasonable excuse for the delay in answering the complaint (see CPLR 2005, 3012...

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