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McDONOUGH v. CITY OF TROY

299 A.D.2d 676 (2002)

749 N.Y.S.2d 187

EDWARD McDONOUGH, as Assignee of F.P.G.C., INC., Respondent, v. CITY OF TROY, Appellant.

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

Decided November 14, 2002.

Carpinello, J.

In 1980, defendant's City Council enacted an ordinance authorizing the City Manager to enter into a 20-year lease of restaurant facilities located on defendant's municipal golf course with plaintiff's predecessor in interest. In 1990, the City Council passed a resolution authorizing an extension of the lease for an additional 10 years (i.e., until 2010). In December 2000, however, defendant demanded that plaintiff vacate the premises on the ground that...

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