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OVERNIGHT PARTNERS v. GORDON

217 A.D.2d 20 (1995)

633 N.Y.S.2d 288

New York Overnight Partners, L. P., Appellant, v. Joan Gordon et al., Respondents

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

November 9, 1995

Attorney(s) appearing for the Case

John G. Hutchinson of counsel (Sidley & Austin, attorneys), for appellant.

John A. Kornfeld of counsel (Jay Goldberg, P. C., attorneys), for respondents.

KUPFERMAN, J. P., ASCH and WILLIAMS, JJ., concur.

TOM, J.

The issue raised in this appeal is whether the term "land", as utilized in a certain Ground Lease Agreement, includes the hotel and improvements situated on the site, for the purpose of setting rent for the renewal lease terms.

The Ground Lease Agreement in question (the Lease) was executed on or about December 30, 1963 between Massachusetts Mutual Life Insurance Company, as lessor, and Louis...

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