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GUTHARTZ v. CITY OF NEW YORK

84 A.D.2d 707 (1981)

Barnett Guthartz, Respondent, v. City of New York et al., Appellants

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

November 17, 1981

This case, involving a dispute over a lease between the parties for a portion of the Hunts Point Food Market, was previously on appeal before this court (66 A.D.2d 707), at which time this court modified Special Term's prior denial of the city's motion for summary judgment to the extent of dismissing the complaint "without prejudice to an application to Special Term * * * for leave to serve an amended complaint based on failure of consideration...

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