Legal Opinion

Federated Retail Holdings, Inc. v. Weatherly 39th Street, LLC

New York Supreme Court

Decided April 11, 2011Published

1Opinion of the Court

*248OPINION OF THE COURT

Bernard J. Fried, J.

Plaintiffs Federated Retail Holdings, Inc. and Lord & Taylor LLC (together, Macy’s) move for a determination as to whether they have cured the self-insured retention default under their commercial lease with defendant, and whether defendant Weatherly 39th Street, LLC (Weatherly) is entitled to terminate the lease between the parties based on the termination notice served on Macy’s on November 30, 2010.

This case involves a commercial lease entered into by the parties’ predecessors, dated April 1, 1986. (Aff of Tim Schwartz, exhibit A.) One provision of…

2Cases cited7 opinions

  1. National Union Fire Insurance of Pittsburgh v. Xerox Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Broad Street, LLC v. Gulf InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  3. John Paterno, Inc. v. CurialeNew York Court of Appeals · 1996
  4. Federated Retail Holdings, Inc. v. Weatherly 39th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  5. In re the Liquidation of Ideal Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1997

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