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357 W 54TH STREET LLC v. IACOB

9532N, 162831/15.

173 A.D.3d 419 (2019)

99 N.Y.S.3d 625

2019 NY Slip Op 04339

357 W 54th Street LLC, Respondent, v. Madalina Iacob, Appellant.

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

Decided June 4, 2019.

Defendant's motion was untimely and she failed to establish good cause for the delay (CPLR 3212[a]; Brill v City of New York, 2 N.Y.3d 648, 652 [2004]). Even if the motion were timely, she failed to meet her prima facie burden of establishing that plaintiff fraudulently altered the sublease to remove her guarantor (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). In any event...

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