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NEW DEAL REALTY LLC v. 684 OWNERS CORP.

Index No. 654899/21. Appeal No. 15686. Case No. 2021-03858.

204 A.D.3d 447 (2022)

164 N.Y.S.3d 432

2022 NY Slip Op 02344

New Deal Realty LLC, Appellant, v. 684 Owners Corp., Respondent.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

Loanzon LLP, New York (Tristan C. Loanzon, of counsel) for appellant.

Schwartz Sladkus Reich Greenberg Atlas LLP, New York (Eric M. Sable, of counsel) for respondent.

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

The parties do not dispute that plaintiff holds a commercial lease, it received a notice of default from defendant landlord for failure to pay rent, and that it sought injunctive relief prior to the termination of the lease (see Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc., 93 N.Y.2d 508, 514 [1999]). We find that plaintiff has also demonstrated that "it is prepared and maintains the ability to cure the...

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