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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

556 chars
The court correctly dismissed the first cause of action (breach of the sublease between plaintiff and Corporation and the master lease between Corporation and Associates) as against Lifshutz because Lifshutz is not a party to either of the above contracts. Although he was a party to the contract of sale with Associates, he assigned his rights thereunder to Realty, and Realty is the one that ultimately bought the subject property. For the same reason, the court correctly dismissed the seventh cause of action (declaratory judgment) as against Lifshutz.