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CALLEJA v. AI 229 WEST 42ND STREET PROPERTY OWNER, LLC

5484, 301498/12.

157 A.D.3d 558 (2018)

69 N.Y.S.3d 626

2018 NY Slip Op 00338

RAUL CALLEJA, Plaintiff, v. AI 229 WEST 42ND STREET PROPERTY OWNER, LLC, et al., Defendants. AI 229 WEST 42ND STREET PROPERTY OWNER, LLC, Third-Party Plaintiff-Respondent, v. NURMINEN CONSTRUCTION CORPORATION et al., Third-Party Defendants, and DAFFY'S INC., Third-Party Defendant-Appellant.

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

Decided January 18, 2018.

The court correctly determined that this third-party action against Daffy's Inc. is not barred by the "Stipulated Order" in Daffy's bankruptcy proceeding, in which third-party plaintiff AI 229 West 43rd Street Property Owner, LLC, waived and released any claims or causes of action relating to or arising under its lease with Daffy's, and the lease was "rejected and terminated." The motion papers make it clear that AI 229 West seeks to establish Daffy's liability in the underlying...

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