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McLEAREN SQ. SHOPPING CTR. HERNDON, VA. L.P. v. BadaNARA, LLC

543 CA 21-01668.

208 A.D.3d 1034 (2022)

173 N.Y.S.3d 800

2022 NY Slip Op 04864

McLearen Square Shopping Center Herndon, Va. Limited Partnership, Respondent, v. BadaNara, LLC, et al., Appellants. (Appeal No. 1.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

YOON LLP, NEW YORK CITY (CHARLES M. YOON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

HARRIS BEACH PLLC, PITTSFORD (KYLE D. GOOCH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that said appeal insofar as taken by defendant BadaNara, LLC is unanimously dismissed and the order is modified on the law by vacating that part of the fourth ordering paragraph awarding interest of nine percent from April 1, 2020, and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Plaintiff, a commercial landlord, commenced...

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