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WALDBAUM, INC. v. FIFTH AVE. OF LONG ISLAND REALTY ASSOCS., INC.

200 A.D.2d 664 (1994)

606 N.Y.S.2d 764

Waldbaum, Inc., Respondent-Appellant, v. Fifth Avenue of Long Island Realty Associates, Inc., Appellant-Respondent

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

January 24, 1994

Ordered that the order is modified, on the law, by deleting the provision thereof which confirmed the seventh paragraph of the recommendations of the Special Referee, and substituting therefor a provision disaffirming that recommendation; as so modified, the order is affirmed, without costs or disbursements.

This case concerns an effort by the defendant, Fifth Avenue of Long Island Realty Associates, Inc. (hereinafter Fifth Avenue Realty), to cancel a commercial lease...

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