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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Shree Shiv Shakti Corp. v. Khalid Properties, LLC, 106 A.D.3d 1434 (2013)

Citation
Shree Shiv Shakti Corp. v. Khalid Properties, LLC, 106 A.D.3d 1434 (2013)
Parent Document
Shree Shiv Shakti Corp. v. Khalid Properties, LLC, 106 A.D.3d 1434 (2013)
Jurisdiction
New York (state)
Effective Date
2013-05-30

Full Text

759 chars
In May 2011, VSH sold the premises and assigned plaintiffs lease to defendant Khalid Properties, LLC. In August 2011, Khalid, apparently together with VSH, entered the premises and removed the underground storage tanks (hereinafter USTs) located thereon. Plaintiff allegedly objected to the removal of the USTs and began withholding rent. In the course of removing the USTs, it was discovered that a leak had occurred, and the Department of Environmental Conservation was notified. Remediation efforts were undertaken, delaying the installation of new USTs. In October 2011, plaintiff notified Khalid that it was vacating the premises, alleging that the removal of the USTs and related remediation efforts effectively prevented it from operating its business.