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  5. 75 N.Y.2d 792 (1990)
 

GREASY SPOON INC. v. JEFFERSON TOWERS, INC.

75 N.Y.2d 792 (1990)

Greasy Spoon Inc., Doing Business as West Side Storey, Respondent, v. Jefferson Towers, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided January 11, 1990.

Attorney(s) appearing for the Case

Stuart M. Herz and Nathan Cyperstein for appellant.

Gerald Kahn and Bernard S. Meyer for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In 1979, plaintiff leased commercial space from defendant-appellant with the intention of operating a restaurant on the premises. Under the parties' lease, plaintiff was licensed to construct and operate a sidewalk cafe adjacent to the leased premises, provided that its use of the licensed space...

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