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801 SOUTH FULTON AVE. CORP. v. RADIN

138 A.D.2d 561 (1988)

801 South Fulton Avenue Corp., Appellant, v. Burton Radin et al., Respondents. (Action No. 1.) 801 South Fulton Avenue Corp., Appellant, v. Victory Container Corp. et al., Respondents. (Action No. 2.)

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

March 21, 1988

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The trial court erred in holding that defendant Mount Vernon Container Corp. (hereinafter Mount Vernon) was released from any liability for rent when the plaintiff, the landlord, settled its claim with the occupant, Coordinated Containers Corp. (hereinafter Coordinated) and released it. The plaintiff explicitly reserved its rights against Mount Vernon...

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