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1100 AVE. OF AMS. v. BRYANT

161 Misc.2d 582 (1994)

616 N.Y.S.2d 848

1100 Avenue of the Americas Associates, Appellant, v. Bryant Imports, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

June 9, 1994

Attorney(s) appearing for the Case

Wien, Malkin & Bettex, New York City (Robert A. Machleder, Robert C. Buff and Timothy P. Kebbe of counsel), for appellant. Slotnick & Baker, New York City, and Ziegler & Ziegler (Scott A. Ziegler of counsel), for respondent.

McCOOE and GLEN, JJ., concur; PARNESS, J. P., dissents in a separate memorandum.

Per Curiam.

Judgment entered May 23, 1992 affirmed, with $25 costs.

Pursuant to a lease dated July 7, 1975, respondent occupies ground floor retail space at 1100 Avenue of the Americas. Subsequent to the inception of respondent's tenancy, petitioner, itself the net lessee of the premises, entered into a further net lease whereby nonparty Home Box Office, Inc. (HBO) took possession of the entire premises, including...

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