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NINETEEN NEW YORK PROPS. LTD. P'SHIP v. 535 5TH OPERATING INC.

211 A.D.2d 411 (1995)

621 N.Y.S.2d 42

Nineteen New York Properties Limited Partnership, Respondent, v. 535 5th Operating Inc. et al., Respondents, and Corn Club Company, Inc., Appellant

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

January 5, 1995

In 1984 plaintiff became the owner, subject to a 1978 lease of part of the property, of a building at 535-545 Fifth Avenue. Leases and subleases were subsequently entered into and in 1989 Corn Club entered a "sub-sublease" which purported to make it a tenant of defendant-respondent 45th & Fifth Operating Inc. (Operating) with respect to certain space in the building (Space H). On September 5, 1989, it occupied Space H. In October...

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