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150 BROADWAY ASSOC. v. BODNER

14 A.D.3d 1 (2004)

784 N.Y.S.2d 63

150 BROADWAY N.Y. ASSOCIATES, L.P., Respondent, v MARK L. BODNER et al., Appellants.

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

November 4, 2004.

Attorney(s) appearing for the Case

Fischbein Badillo Wagner Harding, New York City (Menachem J. Kastner, Jeffrey A. Mitchell and Maureen Bezuhly of counsel), for appellants.

Avrom R. Vann, New York City, for respondent.

TOM, J.P., SAXE, WILLIAMS and MARLOW, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

Defendants Mark L. Bodner and Jesse S. Waldinger are the sole shareholders, directors and officers of a professional corporation named "Bodner & Waldinger, P.C.," which, without dispute, has been in existence at all relevant times. In September 2000, plaintiff landlord (150 Broadway) entered into an office lease signed by Bodner and Waldinger. The lease designates the tenant as "Bodner & Waldinger," without use of...

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