MARATHON OUTDOOR, LLC v. PATENT CONSTRUCTION SYSTEMS DIVISION OF HARSCO CORPORATION


306 A.D.2d 254 (2003)

760 N.Y.S.2d 528

MARATHON OUTDOOR, LLC, Appellant, v. PATENT CONSTRUCTION SYSTEMS DIVISION OF HARSCO CORPORATION, Respondent.

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

Decided June 2, 2003.


Ordered that the order is reversed, on the law, with costs, the cross motion is denied, the complaint is reinstated, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for the imposition of an appropriate undertaking.

In August 1998 the plaintiff leased space on the defendant's real property in Queens, upon which it planned to erect two freestanding commercial advertising billboards. Although building permits were initially obtained...

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