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AUDTHAN LLC v. NICK & DUKE, LLC

Index No. 652050/15. Appeal No. 16391. Case No. 2022-01117.

211 A.D.3d 419 (2022)

180 N.Y.S.3d 81

2022 NY Slip Op 06880

Audthan LLC, Appellant-Respondent, v. Nick & Duke, LLC, Respondent-Appellant.

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

Decided December 6, 2022.

Attorney(s) appearing for the Case

Katsky Korins LLP, New York (Elan R. Dobbs of Counsel), for appellant-respondent.

Rosenberg & Estis, P.C., New York (Jake W. Bedor of Counsel), for respondent-appellant.

Concur—Gische, J.P., Kern, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Sabrina B. Kraus, J.), entered on or about February 16, 2022, which granted in part and denied in part the motion of defendant landlord to dismiss the third amended complaint, affirmed, without costs.

Plaintiff tenant cannot seek separate redress on a theory of repudiation for the breach of contract cause of action in the third amended complaint. The plaintiff's theory of repudiation is based on the landlord's unequivocal statement...

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