Legal Opinion

TIA of New York, Inc. v. I. J. Litwak Realty 1, LLC

Appellate Division of the Supreme Court of the State of New York

Decided August 17, 2016No. 2015-09291PublishedCited by 2 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of a lease, the third-party defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated August 6, 2015, which denied, without prejudice to renewal upon the completion of discovery, its motion for summary judgment dismissing the second cause of action in the third-party complaint and granted the cross motion of the defendant/third-party plaintiff for leave to amend the third-party complaint to assert a cause of action alleging private nuisance.

Ordered that the order is affirmed, with costs.

Contrary to the…

2Cases cited8 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
  3. Phillips v. Sun Oil Co.New York Court of Appeals · 1954
  4. Taggart v. CostabileAppellate Division of the Supreme Court of the State of New York · 2015
  5. Maldonado v. Newport Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

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3Cited by2 opinions

  1. Assevero v. Hamilton & Church Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  2. Jefferson v. New Life Tabernacle, Inc.Appellate Division of the Supreme Court of the State of New York · 2024

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