¶ In the companion case to which the dissent refers, where we affirmed the order granting the city's motion for summary judgment (101 A.D.2d 1035), the dispositive issues were unrelated to the issues here, albeit both cases arise out of the same facts. That case did not turn on the use by the city agencies of the property involved after the lease was properly approved and the city agencies took possession and paid the rent accepted by the landlord. The questions there...
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