The plaintiff is the tenant of commercial premises at 8th Street and Broadway in Manhattan, under a 1970 lease. Article 8 thereof permits the plaintiff to perform nonstructural alterations to the premises, and the tenant is appointed attorney-in-fact of the landlord to apply for all necessary governmental permits and licenses for that purpose.
When the plaintiff, in 1983, advised the defendant of its intention to alter the premises to construct a Burger King restaurant...
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