PK Restaurant, LLC v. Lifshutz, 138 A.D.3d 434 (2016)

Citation: PK Restaurant, LLC v. Lifshutz, 138 A.D.3d 434 (2016)
Parent Document: PK Restaurant, LLC v. Lifshutz, 138 A.D.3d 434 (2016)
Jurisdiction: New York (state)
Effective Date: 2016-04-05
Original Source: https://www.courtlistener.com/opinion/3191564/pk-restaurant-llc-v-lifshutz/ ↗

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contract, constructive eviction, piercing the corporate veil, and declaratory judgment causes of action as against them, granted the part of defendants Ira Lifshutz and 115 East 37th Realty LLC’s (Realty) (together, the Realty defendants) motion seeking to dismiss the breach of contract, constructive eviction, and unlawful detainer claims against them and the declaratory judgment claim as against Lifshutz, and denied the part of the motion seeking to dismiss the tortious interference with contractual relations and specific performance claims and the declaratory judgment claim as against Realty, and to cancel plaintiff’s notice of pendency, award the costs of same, and sanction plaintiff, and denied plaintiff’s cross motion for leave to amend its complaint, unanimously modified, on the law, to deny the part of the Realty defendants’ motion seeking to dismiss the breach of contract cause of action as against Realty, and to grant the parts of their motion seeking to dismiss the tortious interference with contractual relations cause of action and to cancel the notice of pendency, and otherwise affirmed, without costs.

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