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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (44)

Full Text

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After Associates locked plaintiff out of the premises and served a notice to cure, plaintiff commenced an action (the other action) against Associates and Corporation. The court in the other action restored plaintiff to the premises, conditioned upon its posting of an undertaking and payment of rent. Plaintiff failed to fulfill these conditions, and on July 5, 2012, it returned the keys to the premises to Associates and removed its furniture, fixtures, and equipment. Initially, Associates offered to let plaintiff take the keys back, but on July 18, 2012, it rescinded its offer, saying it would re-let the premises to a new *436