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DAASHUUR ASSOCS. v. DECEMBER ARTISTS APARTMENT CORP.

247 A.D.2d 250 (1998)

668 N.Y.S.2d 453

Daashuur Associates et al., Appellants, v. December Artists Apartment Corp., Respondent. McCoy Fashions, Inc., Counterclaim Defendant-Respondent

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

February 10, 1998

The identical argument now raised in support of plaintiffs' claim that triable issues of fact exist precluding summary judgment has been considered by this Court in defendant's previous appeal challenging the granting of a Yellowstone injunction, where we found, in dicta, that the commercial lease at issue "clearly prohibited, inter alia, the placement of awnings, projections or signs on any part of the outside of...

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