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85TH ST. REST. CORP. v. SANDERS

194 A.D.2d 324 (1993)

600 N.Y.S.2d 1

85th Street Restaurant Corp., Appellant, v. Martin Sanders, Respondent

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

June 3, 1993

Plaintiff-appellant has occupied the subject premises since 1966 as the assignee under a lease, signed in 1928 and renewed in 1949, between plaintiff's assignor and defendant's predecessor in interest. A 1970 lease renewal and extension agreement executed by the parties declares that paragraphs 2, 3, 5, 9 and 10 of the lease are "deemed cancelled and annulled". In dispute is which of two methods, (a) or (b), is to be used to determine...

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