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477 EQUITIES CORP. v. BOSHA'S BROOME STREET HOLDING, INC.

292 A.D.2d 274 (2002)

739 N.Y.S.2d 696

477 EQUITIES CORP. et al., Respondents, v. BOSHA'S BROOME STREET HOLDING, INC., Doing Business as THE BROADWAY PANHANDLER, Appellant.

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

Decided March 21, 2002.

Defendant's claim that plaintiffs consented to the proposed alterations was properly rejected for lack of evidentiary support. To the extent that the motion raised an issue as to whether the exterior ground floor windows that defendant wishes to alter, and which front the building's residential lobby, are within the demised premises or part of the building's common elements, defendant failed to establish its right to summary judgment...

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