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VILLNAVE CONSTR. SERVS., INC. v. CROSSGATES MALL GEN. CO. NEWCO, LLC

532660.

201 A.D.3d 1183 (2022)

161 N.Y.S.3d 480

2022 NY Slip Op 00235

Villnave Construction Services, Inc., Plaintiff, v. Crossgates Mall General Company Newco, LLC, et al., Defendants, and Waxy O'Connor's Management Company New England, LLC, Appellant, and Trinity Building and Construction Management, Corp., Defendant and Third-Party Plaintiff-Respondent; Paul McKenna et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants.

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

Cooper Erving & Savage LLP, Albany (Matthew E. Minniefield of counsel), for appellant and third-party defendants-appellants.

Clark Guildin, Attorneys at Law, New York City (Janesa Urbano of counsel), for defendant and third-party plaintiff-respondent.

Lynch, Aarons and Reynolds Fitzgerald, JJ., concur.

In 2016, third-party defendant Crossgates Mall Devco, LLC (hereinafter Crossgates) entered into a commercial lease agreement with third-party defendant Albany MIB+K, LLC* for the purpose of allowing the latter to operate a franchise restaurant within Crossgates Mall. In March 2017, defendant Waxy O'Connor...

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