1400 Broadway Associates LLC v. 112-1400 Trade Properties LLC

Judgment, Supreme Court, New York County (Jeffrey K. Oing, J.), entered July 31, 2012, inter alia, declaring that plaintiff tenant is not in default under or in breach of the parties’ lease as alleged in the December 2, 2008 notice to cure, dismissing defendant landlord’s counterclaims, and discharging and releasing plaintiff’s undertaking, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered June 19, 2012, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The work identified in defendant’s December 2, 2008 notice to cure was not…