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TRIAD 11 E., LLC v. MIDORIYA, INC.

Index No. 656077/21. Appeal No. 285. Case No. 2022-02861.

216 A.D.3d 540 (2023)

189 N.Y.S.3d 476

2023 NY Slip Op 02749

Triad 11 East, LLC, Respondent, v. Midoriya, Inc., et al., Appellants.

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

Decided May 18, 2023.

Attorney(s) appearing for the Case

Shi & Associates, New York (Edward Miller of counsel), for appellants.

Bernard D'Orazio & Associates, PC, New York (Steven G. Yudin of counsel), for respondent.

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

Order, Supreme Court, New York County (Andrew Borrok, J.), entered June 3, 2022, which denied defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Defendant tenant Midoriya, Inc. leased premises from plaintiff landlord for use as a grocery store and deli for a 10-year term beginning October 1, 2017, and ending September 30, 2027, and defendant guarantor Hiroyuki Hayashi signed a personal guaranty of the lease. Plaintiff seeks to recover...

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