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LINCOLN PLAZA TENANTS CORP. v. MDS PROPS. DEV. CORP.

169 A.D.2d 509 (1991)

Lincoln Plaza Tenants Corp., Respondent, v. MDS Properties Development Corp., Appellant, et al., Defendant Lincoln Plaza Tenants Corp., Respondent, v. MDS Properties Development Corp., Appellant, et al., Respondents

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

January 17, 1991

Potentially valuable ground floor and basement commercial space at the West 62nd Street cooperative apartment building had never been developed. By 20-year lease between plaintiff and defendant MDS Properties Development Corp. dated August 15, 1985, said defendant was to renovate the space into medical suites, which would then be sublet to health care professionals.

Article 41 of the lease provided, as to "Electricity and Other Utilities" as follows: "Tenant shall...

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