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MATTER OF TOH REALTY CORP. v. NEW YORK STATE URBAN DEV. CORP.

154 A.D.2d 267 (1989)

In the Matter of TOH Realty Corp. et al., Appellants, v. New York State Urban Development Corporation et al., Respondents

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

October 17, 1989

We add only that the separate agreements regarding indemnification and funding by the city, the Metropolitan Transit Authority and the Public Development Corporation were correctly held to be extrinsic to the lease agreement and therefore beyond the scope of section 6 of the Urban Development Corporation Act (L 1968, ch 174, § 1, as amended). We further agree that the incorporation of a term permitting the developer to terminate the agreement in the event litigation...

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