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Audthan LLC v. Nick & Duke LLC

Court Vacates Note of Issue for Oustanding Discovery, Strikes Case From Trial Calendar

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  This dispute arises out of a long-term ground lease (Lease) between plaintiff Audthan LLC (Audthan), as lessee, and defendant Nick & Duke, LLC (Landlord), as lessor, for the property located at 182-188 Eleventh Avenue, New York, New York. In motion sequence no. 20, Landlord moves, pursuant to Uniform Rules for Trial Courts (22 NYCRR) §202.21 (e), for an order vacating the note of issue and certificate of readiness served by Audthan on July 24, 2020. Landlord argues that the case is not ready for trial because one week after filing the note of issue, Audthan moved by order to show cause for, inter alia, a Yellowstone injunction, and leave to serve a second amended complaint (NY St Cts Elec Filing [NYSCEF] Doc No. 875, Bradley S. Silverbush [Silverbush] affirmation, exhibit J at 1-2). Landlord submits that Audthan’s motion stems from an earlier motion Audthan brought, also by order to show cause, for a fourth Yellowstone injunction related to a Notice of Termination dated February 14, 2020 (the NOT) (NYSCEF Doc No. 878, Silverbush affirmation, exhibit M at 1-2). The NOT had alleged that Audthan failed to provide proof of insurance coverage in accordance with Articles 5 and 11 of the Lease (NYSCEF Doc No. 873, Silverbush] affirmation, exhibit H at 10-11). Landlord argued that the application was defective in the absence of allegations in the complaint challenging the validity of the purported violations in the NOT (NYSCEF Doc No. 879, Silverbush affirmation, exhibit N,

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