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CHARTER ONE v. MIDTOWN

191 Misc.2d 154 (2002)

738 N.Y.S.2d 179

CHARTER ONE BANK, F.S.B., Plaintiff, v. MIDTOWN ROCHESTER, LLC, Defendant.

Supreme Court, Monroe County.

February 5, 2002.

Attorney(s) appearing for the Case

Harris Beach L.L.P., Pittsford (Christopher A. DiPasquale of counsel), for plaintiff.

Shapiro, Rosenbaum, Liebschutz & Nelson, Rochester (Warren B. Rosenbaum of counsel), for defendant.

OPINION OF THE COURT

THOMAS A. STANDER, J.

The plaintiff, Charter One Bank, F.S.B. (Charter One), seeks an order compelling disclosure of certain documents withheld by defendant, Midtown Rochester, LLC (Midtown). In addition plaintiff seeks leave to amend its complaint to add an additional cause of action for damages.

I. Facts

The plaintiff, as tenant, and the defendant, as landlord, both through predecessors in interest, entered...

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