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BUSH REALTY ASSOCIATES v. A.M. COSMETICS, INC.

2 A.D.3d 270 (2003)

770 N.Y.S.2d 19

BUSH REALTY ASSOCIATES et al., Appellants-Respondents, v. A.M. COSMETICS, INC., Respondent, and ARTHUR MATNEY CO., INC., Now Known as BEST MERCHANDISE CORP., Respondent-Appellant, et al., Defendants. (And a Third-Party Action.)

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

December 18, 2003.

On the record before us, we cannot conclude as a matter of law that the estoppel certificate precludes Bush Realty's right of recovery against either Best or A.M. An estoppel certificate may not be enforceable if there is an equitable basis to invalidate the certificate, or if the party seeking enforcement took with knowledge of some defect in the manner in which the certificate was obtained (Quantum Corporate Funding v L.P.G. Assoc., 246 A.D.2d 320...

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