McKINSEY & CO., INC. v. OLYMPIA & YORK 245 PARK AVE. CO.


79 A.D.2d 557 (1980)

McKinsey & Company, Inc., Appellant, v. Olympia & York 245 Park Avenue Company, Respondent

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

December 11, 1980


Unanimously modified, on the law, to the extent of further declaring that if plaintiff is unable to move into the space described in the "New Lease" dated February 28, 1979 because of impossibility (i.e., the space is not substantially ready for occupancy), plaintiff has the right to remain in possession of the "Demised Premises" under the lease dated March 31, 1965, as amended by a supplemental agreement dated September 30, 1965, pursuant to the terms of paragraph 3 of the...

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