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BATTERY BLDG. MAINT. CO. v. 888 SEVENTH AVE. ASSOCS.

157 A.D.2d 556 (1990)

Battery Building Maintenance Company, Appellant, v. 888 Seventh Avenue Associates, Respondent

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

January 23, 1990

Plaintiff brought this action for breach of a building maintenance contract between plaintiff and defendant's predecessor which contract was assigned to defendant. At the conclusion of discovery, defendant learned of a letter agreement between plaintiff and the predecessor which it alleged was included in the assignment and pursuant to which plaintiff is required to pay the predecessor and therefore defendant revenues received...

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