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TMCC, INC. v. JENNIFER CONVERTIBLES, INC.

2018-09630, Index No. 601748/18.

176 A.D.3d 1135 (2019)

111 N.Y.S.3d 102

2019 NY Slip Op 07635

TMCC, Inc., et al., Appellants, v. Jennifer Convertibles, Inc., Respondent.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

The Law Office of Gregory A. Goodman, P.C. (The Law Office of Jason Tenenbaum, P.C., Garden City, NY, of counsel), for appellants.

Olshan Frome Wolosky, LLP, New York, NY (Joseph B. Weiner and Nicholas S. Hirst of counsel), for respondent.

Mastro, J.P., Maltese, Connolly and Iannacci, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

Nonparty Hartsdale Convertibles, Inc. (hereinafter Hartsdale), allegedly entered into a commercial lease whereby it agreed to pay the plaintiffs certain rent. Hartsdale allegedly was a wholly owned subsidiary of the defendant, Jennifer Convertibles, Inc. (hereinafter JCI). Hartsdale allegedly breached the lease by failing to make payments in accordance therewith.

The plaintiffs commenced...

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