Unanimously modified, on the law, to the extent of further declaring that the lease between plaintiff and defendant 1401 Kearney Ave. Corp. is valid, and, as so modified, affirmed, with costs and disbursements to defendant-respondent.
We adopt the rationale expressed by Special Term in finding and concluding that the lease at issue is valid. However, while Special Term in the judgment appropriately did not direct mere dismissal of the complaint, the judgment failed...
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