38 HOLDING CORP. v. CITY OF NEW YORK


179 A.D.2d 486 (1992)

38 Holding Corp., Respondent, v. City of New York, Appellant

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

January 16, 1992


Pursuant to a written lease, in 1985, the 38 Holding Corp. (landlord), as landlord, leased to the City of New York (City), as tenant, the third and fourth floors of a commercial building (premises), located in 519-531 Cortlandt Avenue, Bronx County.

In December 1989, by summons and complaint, the landlord (plaintiff) commenced an action against the City (defendant) to recover rent for use and occupancy of those premises, and for the costs to repair them. The complaint...

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