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TERM. CENT. v. MODELL & CO.

212 A.D.2d 213 (1995)

628 N.Y.S.2d 56

Terminal Central, Inc., Appellant-Respondent, v. Henry Modell & Company, Inc., Respondent-Appellant

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

June 6, 1995

Attorney(s) appearing for the Case

Gary M. Rosenberg of counsel, New York City (Warren A. Estis, Sherrie A. Taylor and Edward W. Quinn on the brief; Rosenberg & Estis, P. C., attorneys), for appellant-respondent.

Jeffrey R. Metz of counsel, New York City (Lucas A. Ferrara on the brief; Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for respondent-appellant.

MURPHY, P. J., RUBIN, KUPFERMAN and ROSS, JJ., concur.

SULLIVAN, J.

By agreement dated May 17, 1979, plaintiff Terminal Central, Inc. (TCI) leased from Regency-Lexington Partners commercial space, i.e., a portion of the ground floor and basement within the Grand Hyatt Hotel located at 109 East 42nd Street in the Borough of Manhattan. In early 1986, Henry Modell & Company, Inc., another commercial tenant in the building, required more space and entered into negotiations...

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