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THIRTY BAY ST. CO. v. CITY OF NEW YORK

64 A.D.2d 651 (1978)

Thirty Bay Street Company, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 17, 1978

Order modified, on the law, by deleting therefrom the first decretal paragraph and adding thereto provisions denying the defendant's motion for summary judgment and granting the plaintiff's motion for partial summary judgment. As so modified, order affirmed, without costs or disbursements.

Plaintiff made a prior motion for summary judgment for rent due as a result of the continued use and occupancy of the premises by the...

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