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TARBERT REALTY, INC. v. THREE KAY HOLDING CORP., INC.

150 A.D.2d 286 (1989)

Tarbert Realty, Inc., Appellant, v. Three Kay Holding Corp., Inc., Respondent

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

May 25, 1989

The facts are as stated in the dissent, except that the parties agree, and the trial court found, that the clause in dispute, paragraph 7 of the parties' contract of December 6, 1983, reads as follows: "All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Department of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction...

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