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CORNHUSKER FARMS, INC. v. HUNTS POINT COOPERATIVE MARKET, INC.

2 A.D.3d 201 (2003)

769 N.Y.S.2d 228

CORNHUSKER FARMS, INC., Respondent-Appellant, v. HUNTS POINT COOPERATIVE MARKET, INC., Appellant-Respondent.

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

December 11, 2003.

Plaintiff meat wholesaler (Cornhusker) and defendant marketing cooperative (the Co-op) entered into a Subscription Agreement, dated July 26, 1999, under which, inter alia, Cornhusker was to purchase certain shares of the Co-op, and to sublease from the Co-op a refrigerated warehouse (the Unit) to be built by the Co-op pursuant to the agreement. The Subscription Agreement designated as "Landlord's Work" the portion of the construction work for the Unit set forth on annexed...

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