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437 MADISON v. KEARNEY, INC.

127 Misc.2d 37 (1985)

437 Madison Avenue Associates, Appellant, v. A. T. Kearney, Inc., Individually and as Successor by Name to A. T. Kearney & Company, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

March 8, 1985

Attorney(s) appearing for the Case

Shea & Gould (Herbert B. Evans and Adam B. Gilbert of counsel), for appellant. Morgan, Lewis & Bockius (James W. Harbison, Jr., and Terri L. Weiss of counsel), for respondent.

DUDLEY, P. J., RICCOBONO and SANDIFER, JJ., concur.

Per Curiam.

Final judgment entered October 6, 1983 affirmed, with $25 costs.

Tenant A. T. Kearney, Inc.'s commercial lease of a portion of the 31st floor at premises 437 Madison Avenue, Manhattan, expired on December 31, 1982. On September 21, 1982, Kearney, which had leased other premises at 875 Third Avenue, subject to availability for occupancy, notified landlord in writing that it would relocate "as close to...

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