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CITIZEN WATCH CO. OF AM., INC. v. ZAPCO 1500 INV., L.P.

Index No. 655565/20. Appeal No. 310-311. Case Nos. 2022-03189, 2022-03537.

216 A.D.3d 562 (2023)

190 N.Y.S.3d 318

2023 NY Slip Op 02823

Citizen Watch Company of America, Inc., Respondent, v. Zapco 1500 Investment, L.P., Appellant.

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

Decided May 25, 2023.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for appellant.

Kane Kessler, P.C., New York (Arthur M. Rosenberg of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Gesmer, Mendez, Pitt-Burke, JJ.

Judgment, Supreme Court, New York County (Andrea Masley, J.), entered August 10, 2022, rescinding and terminating the lease between the parties, and bringing up for review an order, same court and Justice, entered on or about July 5, 2022, which, upon a finding that defendant had failed to comply with an interim order conditionally striking the answer, granted plaintiff's motion to strike defendant's answer, unanimously affirmed, without costs. Appeal from aforesaid order...

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