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PECKERMAN v. D & D ASSOCS.

165 A.D.2d 289 (1991)

In the Matter of Edward R. Peckerman, Jr., et al., Respondents, v. D & D Associates, Appellant

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

March 19, 1991

Attorney(s) appearing for the Case

John C. Nelson of counsel (George Brandon and Brent K. Olsson with him on the brief; Milbank, Tweed, Hadley & McCloy, attorneys), for appellant.

Edward P. Costikyan of counsel (Steven E. Landers and John P. Coffey with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondents.

ASCH, ELLERIN and RUBIN, JJ., concur.

MILONAS, J. P.

The parties to this proceeding are the successors in interest to a 1961 agreement concerning property at 979 Third Avenue in Manhattan. The landlord, petitioners' predecessor, leased both the land and the building to be established on the site to the tenant, respondent's predecessor, with the specific requirement that the structure be constructed by...

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