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KOSHER KONVENIENCE, INC. v. FERGUSON REALTY CORP.

171 A.D.2d 650 (1991)

Kosher Konvenience, Inc., Appellant, v. Ferguson Realty Corp. et al., Respondents

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

March 4, 1991

Ordered that the order is affirmed, with costs.

The plaintiff leased a commercial building from the defendant Ferguson Realty Corporation in 1988 and commenced this action less than a year later to declare the lease void. The sole issue raised on appeal concerns the dismissal of the plaintiff's second cause of action, which alleged that the lease was void due to the absence of a certificate of occupancy for the premises...

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