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SPINELLI'S PIZZA, INC. v. G&T1 CORP.

Index No. 157571/18. Appeal No. 16067. Case No. 2020-04564.

208 A.D.3d 420 (2022)

175 N.Y.S.3d 1

2022 NY Slip Op 05011

Spinelli's Pizza, Inc., Respondent, v. G&T1 Corp., Doing Business as Carl's Jr. Hardee's, et al., Appellants.

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

Decided August 23, 2022.

Attorney(s) appearing for the Case

Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola (Steven E. Frankel of counsel), for appellants.

Pollack & Sharan, LLP, New York (Adam Paul Pollack of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

The motion court correctly granted plaintiff summary judgment on its first and second causes of action for breach of the sublease and guaranty. Plaintiff established its entitlement to summary judgment as to liability by submitting the sublease, the guaranty, and proof that defendants vacated the premises before the expiration of the lease term (see e.g. Holy Props. v Cole Prods., 87 N.Y.2d 130, 133-134 [1995]; Chip Fifth Ave...

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