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255 BUTLER ASSOC., LLC v. 255 BUTLER, LLC

2019-12260. Index No. 511560/15.

208 A.D.3d 834 (2022)

174 N.Y.S.3d 730

2022 NY Slip Op 05068

255 Butler Associates, LLC, Respondent, v. 255 Butler, LLC, Appellant, et al., Defendants.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Heller, Horowitz & Feit, P.C., New York, NY (Stuart A. Blander and Eli Feit of counsel), for appellant.

Susman Godfrey LLP, New York, NY (Jacob W. Buchdahl, Cory Buland, and Beatrice C. Franklin of counsel), for respondent.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.

Ordered that the appeal from so much of the order as granted that branch of the plaintiff's motion which was for summary judgment dismissing the defendants' first and third affirmative defenses and denied the defendants' cross motion for summary judgment on its counterclaim seeking a declaration that the tenant was in default of the lease is dismissed as academic in light of our determination in the related appeal from an order dated February 14, 2019 (see 255 Butler Assoc...

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