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BLEECKER CHARLES CO. v. 350 BLEECKER STREET APT.

Docket No. 01-9291.

327 F.3d 197 (2003)

BLEECKER CHARLES CO., Plaintiff-Counter-Defendant-Appellee, Bleecker Parking Corp., Counter-Defendant-Appellee, v. 350 BLEECKER STREET APARTMENT CORPORATION, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 23, 2003.

Attorney(s) appearing for the Case

Robert N. Fass, Friedman, Krauss & Zlotolow, New York, NY, for Defendant-Counter-Claimant-Appellant.

Dale A. Schreiber, Proskauer Rose, LLP, New York, NY, for Plaintiff-Counter-Defendant-Appellee.

Before: LEVAL, CALABRESI, and POOLER, POOLER, Circuit Judges.

POOLER, Circuit Judge.

The district court granted declaratory judgment in favor of the plaintiff, Bleecker Charles Co., the developer of an apartment cooperative, ruling that the defendant, 350 Bleecker Street Apartment Corp., the cooperative was untimely in terminating a long-term lease of a parking garage to the plaintiff. The developer had caused the cooperative to enter into a lease at a time when the developer was in complete control of the cooperative and thus...

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