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WINCIG v. CHOCK 574 5TH OPERATING, INC.

100 A.D.2d 775 (1984)

Bernard Wincig, Appellant, v. Chock 574 5th Operating, Inc., Respondent

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

April 5, 1984

¶ Plaintiff, an attorney, is the lessee of commercial space at 574 5th Avenue, pursuant to a lease from defendant's predecessor entered into February 1, 1980. On October 12, 1983, plaintiff received a "notice of cancellation" served pursuant to paragraph 49.02 of the lease, which provided for cancellation upon at least 180 days' notice based upon the election by the landlord to use the premises for expansion of its restaurant...

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