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885 3RD AVE. REALTY OWNERS LLC v. ALDEN GLOBAL CAPITAL LLC

Index No. 651297/21. Appeal No. 16731. Case No. 2022-00601.

210 A.D.3d 570 (2022)

179 N.Y.S.3d 208

2022 NY Slip Op 06736

885 3rd Avenue Realty Owners LLC, Respondent, v. Alden Global Capital LLC, Appellant.

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

Decided November 29, 2022.

Attorney(s) appearing for the Case

Dechert LLP, New York (Gary J. Mennitt of counsel), for appellant.

Cyruli Shanks & Zizmor LLP, New York (James E. Schwartz of counsel), for respondent.

Concur— Webber, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Order, Supreme Court, New York County (Jennifer Schecter, J.), entered January 21, 2022, which, to the extent appealed from, denied defendant's motion to dismiss the first cause of action for unpaid rent and second cause of action for a declaration that defendant is liable for ongoing damages if plaintiff is unable to relet the premises, unanimously affirmed, with costs.

The court properly denied defendant's motion to dismiss the first and second causes of action...

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