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CHIAT/DAY v. KALIMIAN

105 A.D.2d 94 (1984)

Chiat/Day Inc., Advertising, Respondent, v. Rouhollah Kalimian et al., Appellants

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

December 20, 1984

Attorney(s) appearing for the Case

Brian J. Gallagher of counsel (Adam Walinsky and Deborah W. Feinberg with him on the brief; Kronish, Lieb, Shainswit, Weiner & Hellman, attorneys), for appellants.

Steven J. Ahmuty, Jr., of counsel (Gregory D. Frost with him on the brief; Bower & Gardner, attorneys), for respondent.

SANDLER, J. P., ROSS, MILONAS and ALEXANDER, JJ., concur.

ASCH, J.

Defendants, the Kalimians (landlord), own and manage a commercial building at 79 Fifth Avenue, in which plaintiff, Chiat/Day Inc., Advertising (tenant), is a tenant pursuant to a lease dated August 11, 1982, and a side letter agreement to the lease also entered into on August 11, 1982. The lease was for the 14th, 15th and 16th floors of the building and the tenant is currently in control of two floors...

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