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2019 NY Slip Op 51591

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2019 NY Slip Op 51591
Jurisdiction
New York (state)
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Kee'S Chocolates LLC v Charles Thompson LLC (2019 NY Slip Op
51591(U))

[*1]

Kee's Chocolates LLC v Charles Thompson LLC

2019 NY Slip Op 51591(U) [65 Misc 3d 1212(A)]

Decided on September 26, 2019

Civil Court Of The City Of New York, New York County

Baron, J.

Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.

As corrected in part through October 15, 2019; it
will not be published in the printed Official Reports.

Decided on September 26, 2019

Civil Court of the City of New York, New York County

Kee's Chocolates LLC,
Plaintiff,

against

Charles Thompson LLC, Defendant.

CV-00176/18

ATTORNEY FOR PLAINTIFF:

Shoeman Updike Kaufman &
Gerber LLP

By: Charles B. Updike & Jeremy Miguel Weintraub

551
Fifth Avenue

New York, NY 10176-0001

(212) 661-5030

ATTORNEY FOR DEFENDANT:

Greenberg Freeman LLP

By: Michael A. Freeman

110 East 59th Street, 22nd Floor

New York,
NY 10022

(212) 838-3121

Elena Baron, J.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this
motion

PAPERSNUMBERED

Notice of Motion, Affidavits and
Exhibits, and Memorandum of Law 1, 2

Notice of Cross Motion, Affidavits
and Exhibits, and Memorandum of Law 3, 4

Reply Affirmation and
Exhibits, and Memorandum of Law 5, 6

Reply Memorandum 7

Upon the foregoing cited papers, the Decision/Order on this motion is as
follows:

Plaintiff-tenant Kee's Chocolates LLC (Tenant) filed this action alleging breach of contract,
conversion, and commingling of the security deposit, all stemming from defendant-landlord
Charles Thompson LLC's (Landlord) failure to return the security deposit. Landlord moves for
summary judgment in its favor on its first, second, third, and fifth counterclaims, which allege,