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B. BOMAN & CO., INC. v. PROF'L DATA MGMT., INC.

218 A.D.2d 637 (1995)

631 N.Y.S.2d 19

B. Boman & Co., Inc., Doing Business as Bolton's, Respondent-Appellant, v. Professional Data Management, Inc., Doing Business as 685 Third Avenue Co., Appellant-Respondent

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

August 31, 1995

We disagree with the motion court's interpretation of the governing documents and find in accordance with general principles of contract interpretation (see, Backer Mgt. Corp. v Acme Quilting Co., 46 N.Y.2d 211, 217) that the conditional limitation in the paramount lease was incorporated in the sublease. Accordingly, we conclude that the breach of the covenant to pay rent was a proper basis for a holdover proceeding against...

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