Unanimously modified, on the law, to the extent of reinstating the first cause of action and otherwise affirmed, without costs and without disbursements.
Plaintiff was not a party to either the "Subletting and Assumption Agreement" or the "Assumption Agreement" entered into between defendant and Atlantic Department Stores, Inc. The language of the "Subletting and Assumption Agreement" makes it clear that defendant was to remain as tenant under the original lease and...
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