ESRT 501 SEVENTH AVE., LLC v. REGINE, LTD.

655960/20, Appeal No. 16109-16109A, Case Nos. 2021-04815, 2022-00031.

206 A.D.3d 448 (2022)

171 N.Y.S.3d 54

2022 NY Slip Op 03795

ESRT 501 Seventh Avenue, LLC, Respondent, v. Regine, Ltd., Appellant.

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

Decided June 9, 2022.


Attorney(s) appearing for the Case

SDK Heiberger LLP, New York (Jacqueline Handel-Harbour of counsel), for appellant.

Sternbach, Lawlor & Rella LLP, New York (Anthony J. Rella of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Shulman, Rodriguez, JJ.


Plaintiff established prima facie its entitlement to summary judgment on the cause of action for unpaid rent, the only cause of action stated in the complaint, by submitting the lease and the lease modification and asserting that defendant had breached the parties' contract by failing to pay rent, electric bills, and real estate taxes. In opposition, defendant did not dispute plaintiff's assertions that it failed to pay the amounts due under the lease, and therefore failed...

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