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GANVEY MERCH. CORP. v. CHURCH WARREN REALTY CORP.

176 A.D.2d 476 (1991)

Ganvey Merchandising Corp., Respondent, v. Church Warren Realty Corp., Appellant

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

October 3, 1991

In denying the first motion for summary judgment, the IAS Court rejected defendant's reliance on a lease clause that defendant now admits is inapplicable to the present controversy. Defendant then reviewed the lease, determined that another clause was applicable, and moved for renewal of the prior motion for summary judgment, or alternatively, a new motion for summary judgment, with costs.

Renewal was properly denied, since...

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