Plaintiff commenced this action seeking, among other things, a declaration that its air space had been invaded by machinery and parapets constructed by Bank Central Asia on the roof of 5 Chatham Square. Plaintiff obtained the rights to the air space above the defendant Bank's leased premises pursuant to an indenture executed on December 31, 1973 between plaintiff's predecessor in interest, the owner of the fee, the sublessor and the then occupying sublessee. The indenture...
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