560 THIRD ASSOCIATES v. WHITEHALL TENANTS CORP.


286 A.D.2d 599 (2001)

730 N.Y.S.2d 219

560 THIRD ASSOCIATES, Appellant-Respondent, v. WHITEHALL TENANTS CORP., Respondent-Appellant.

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

Decided September 13, 2001.


The central question presented by this appeal is whether all 10,856 shares of stock were issued to plaintiff, which, by the terms of the parties' agreement, would terminate the master lease. Contrary to the conclusion reached by Supreme Court, we find no question of fact concerning this issue that would preclude a grant of summary judgment in plaintiff's favor.

While it is true that plaintiff initially demanded that defendant issue all 10,865 shares (a demand that...

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