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767 THIRD AVENUE, LLC v. KADEM CAPITAL MANAGEMENT, INC.

303 A.D.2d 199 (2003)

756 N.Y.S.2d 539

767 THIRD AVENUE, LLC, Respondent, v. KADEM CAPITAL MANAGEMENT, INC., Respondent, and ROSENBERG & FEIN, Appellant.

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

Decided March 11, 2003.

R&F had a lease with the landlord for suite 38B in the subject building; Kadem's lease was for the rest of the 38th floor. Kadem wanted R&F's 38B space, and, toward that end, it entered into an "enforceable agreement in principal [sic]" with R&F, under which R&F would surrender its lease to 38B or assign it to Kadem, and Kadem, among other things, would lease suite 31A from the landlord, build it out to R&F's specifications and sublet it to R&...

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