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CANAL RUBBER SUPPLY CO. INC. v. 6 GREENE REALTY OWNER, LLC

Index No. 162429/19. Appeal No. 15390-15391. Case No. 2021-03742. 2021-02685.

202 A.D.3d 616 (2022)

159 N.Y.S.3d 851

2022 NY Slip Op 01235

Canal Rubber Supply Co. Inc., Appellant, v. 6 Greene Realty Owner, LLC, Respondent.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Zingman & Associates PLLC, New York (Mitchell S. Zingman of counsel), for appellant.

Rosenberg & Estis, P.C., New York (Michael A. Pensabene of counsel), for respondent.

Concur—Webber, J.P., Kern; Moulton, González, Mendez, JJ.

The complaint fails to state a cause of action for a permanent injunction requiring defendant to provide plaintiff either with a key enabling it to gain access to the building's elevator from the street or a key to the building's Greene Street entrance (see Elow v Svenningsen, 58 A.D.3d 674, 675 [2d Dept 2009]). The allegations concerning the terms of the lease and the historic custom and practice at the building with respect to...

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