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110-45 QUEENS v. PARK BRIAR

177 Misc.2d 555 (1998)

677 N.Y.S.2d 424

110-45 Queens Blvd. Garage, Inc., Appellant, v. Park Briar Owners, Inc., et al., Respondents.

Supreme Court, Appellate Term, Second Department.

May 20, 1998

Attorney(s) appearing for the Case

Creditor & Digrugilliers, Forest Hills (Renee Digrugilliers of counsel), for appellant. Lapidus & Smith, L. L. P., New York City (Steven R. Lapidus and Wayne R. Smith of counsel), for Park Briar Owners, Inc., respondent. Stempel, Bennett, Claman & Hochberg, P. C., New York City (Richard L. Claman of counsel), for Park Briar Garage Corp., respondent.

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.

MEMORANDUM.

Order unanimously reversed with $10 costs, petition reinstated, and matter remanded for further proceedings.

In this proceeding to be restored to possession, the record reveals that for 18 years petitioner operated a garage in a building owned by respondent Park Briar Owners, Inc. Its last lease, which was for 10 years, expired on January 31, 1997. Claiming that it was promised a right of first refusal...

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