Kee'S Chocolates LLC v Charles Thompson LLC (2019 NY Slip Op
51591(U))
[*1]
Kee's Chocolates LLC v Charles Thompson LLC
2019 NY Slip Op 51591(U) [65 Misc 3d 1212(A)]
Decided on September 26, 2019
Civil Court Of The City Of New York, New York County
Baron, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected in part through October 15, 2019; it
will not be published in the printed Official Reports.
Decided on September 26, 2019
Civil Court of the City of New York, New York County
Kee's Chocolates LLC,
Plaintiff,
against
Charles Thompson LLC, Defendant.
CV-00176/18
ATTORNEY FOR PLAINTIFF:
Shoeman Updike Kaufman &
Gerber LLP
By: Charles B. Updike & Jeremy Miguel Weintraub
551
Fifth Avenue
New York, NY 10176-0001
(212) 661-5030
ATTORNEY FOR DEFENDANT:
Greenberg Freeman LLP
By: Michael A. Freeman
110 East 59th Street, 22nd Floor
New York,
NY 10022
(212) 838-3121
Elena Baron, J.
Recitation, as required by CPLR 2219(a), of the papers considered in the review of this
motion
PAPERSNUMBERED
Notice of Motion, Affidavits and
Exhibits, and Memorandum of Law 1, 2
Notice of Cross Motion, Affidavits
and Exhibits, and Memorandum of Law 3, 4
Reply Affirmation and
Exhibits, and Memorandum of Law 5, 6
Reply Memorandum 7
Upon the foregoing cited papers, the Decision/Order on this motion is as
follows:
Plaintiff-tenant Kee's Chocolates LLC (Tenant) filed this action alleging breach of contract,
conversion, and commingling of the security deposit, all stemming from defendant-landlord
Charles Thompson LLC's (Landlord) failure to return the security deposit. Landlord moves for
summary judgment in its favor on its first, second, third, and fifth counterclaims, which allege,