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SEGAL COMPANY (EASTERN STATES), INC. v. 333W34 SLG OWNER LLC

5414, 650244/15.

157 A.D.3d 476 (2018)

66 N.Y.S.3d 433

2018 NY Slip Op 00116

SEGAL COMPANY (EASTERN STATES), INC., Appellant, v. 333W34 SLG OWNER LLC, Respondent, et al., Defendants.

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

Decided January 9, 2018.

In May 2016, the court dismissed the causes of action asserted in the complaint and first amended complaint regarding tax escalation, but gave plaintiff leave to replead a claim for breach of the implied covenant of good faith and fair dealing, with specific instructions (cf. Sheppard v Coopers, Inc., 13 Misc.2d 862, 865 [Sup Ct, NY County 1956], affd 3 A.D.2d 909 [1st Dept 1957]). Plaintiff...

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