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FIVES 160TH, LLC v. QING ZHAO

Index No. 155927/20. Appeal No. 15685. Case No. 2021-03035.

204 A.D.3d 439 (2022)

164 N.Y.S.3d 427

2022 NY Slip Op 02339

Fives 160th, LLC, Respondent, v. Qing Zhao et al., Appellants, et al., Defendants.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

Balance Law Firm, New York (Beixiao (Robert) Liu, of counsel) for appellants.

Rose & Rose, New York (Dean Dreiblatt, of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.

The complaint states a cause of action for unpaid rent and additional rent due. Plaintiffs sufficiently allege that defendants did not pay rent from March 2020 through the end of the lease term, and that defendants owed $35,803.39 through July 31, 2020, the date plaintiffs commenced this action (see Siegmund Strauss, Inc. v East 149th Realty Corp., 104 A.D.3d 401, 403 [1st Dept 2013]). Defendants' motion fails to dispute plaintiff...

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