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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

436 chars
The Realty defendants contend that the seventh cause of action (declaratory judgment) should be dismissed as against Realty because plaintiff makes no allegations against it, and an innocent tenant would be adversely affected if plaintiff were restored to possession. Contrary to the first argument, plaintiff alleges that Realty and/or Lifshutz re-let the premises to the new tenant. As to the second argument, the record does not *439