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862 SECOND AVENUE LLC v. 2 DAG HAMMARSKJOLD PLAZA CONDOMINIUM

Index No. 655408/16. Appeal No. 15888. Case No. 2021-02622.

205 A.D.3d 447 (2022)

168 N.Y.S.3d 455

2022 NY Slip Op 03047

862 Second Avenue LLC, Respondent, v. 2 DAG Hammarskjold Plaza Condominium, Appellant, et al., Defendants.

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

Decided May 5, 2022.

Attorney(s) appearing for the Case

Moulinos & Associates LLC, New York (Peter Moulinos of counsel), for appellant.

Paul Hastings LLP, New York (Zachary Zwillinger counsel), for respondents.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

The motion court properly determined that as a result of the lease's termination, all rights to the premises, including the development rights, reverted to plaintiff. As we determined on an earlier appeal (862 Second Ave. LLC v 2 Dag Hammarskjold Plaza Condominium, 185 A.D.3d 421 [1st Dept 2020]), defendant's assertion that it obtained ownership of the development rights upon termination of the lease was "unsupported," and it is...

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