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SAGE REALTY v. OMNICOM GROUP

183 Misc.2d 574 (2000)

705 N.Y.S.2d 500

SAGE REALTY CORPORATION, as Agent for MADISON AVENUE LEASEHOLD L. L. C., Plaintiff, v. OMNICOM GROUP INC., Defendant.

Supreme Court, New York County.

January 10, 2000.

Attorney(s) appearing for the Case

Davis & Gilbert L. L. P., New York City (Walter Schackman, Howard J. Rubin and James Rettinger of counsel), for defendant.

Nixon Peabody L. L. P., New York City (Frank Penski of counsel), for plaintiff.

OPINION OF THE COURT

PAULA J. OMANSKY, J.

In this action for declaratory relief concerning the interpretation of a commercial lease, defendant Omnicom Group Inc. moves, pursuant to CPLR 3212, to dismiss the complaint and for an award of damages equal to the amount of rent it allegedly overpaid to plaintiff Sage Realty Corporation, as the agent for Madison Avenue Leasehold L. L. C. (Sage Realty).

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