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DOWNTOWN/MIDTOWN PROPERTIES L. L. C. v. P.A. BUILDING COMPANY

287 A.D.2d 395 (2001)

731 N.Y.S.2d 623

DOWNTOWN/MIDTOWN PROPERTIES L. L. C. et al., Plaintiffs, v. P.A. BUILDING COMPANY, Appellant, and METROPOLITAN FIBER SYSTEMS OF NEW YORK, INC., Respondent.

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

Decided October 25, 2001.

In this interpleader action brought by the current building owner to determine whether the tenant is entitled to reimbursement of a portion of payments made by the tenant for its initial construction work readying the premises for its occupancy, affirmance is mandated based on our recent decision in Barnes & Noble v 111 Eighth Ave. (283 A.D.2d 220), which involved a similar stipulation and transactional documents for the leasing...

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