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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112 AD3d 78, 87 [1st Dept 2013]). We have considered the Realty defendants’ remaining arguments about specific performance in their main brief and find them unavailing. We decline to consider their contention, improperly raised for the first time in their reply brief, that plaintiff may not assert claims for both constructive eviction (which terminated the lease) and specific performance (of a terminated lease). Even if we were to consider this argument, we would find it unavailing, since causes of action may be stated alternatively (CPLR 3014). In any event, as indicated, the constructive eviction claim is time-barred.

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