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NEW STREET ICE COMPANY, INC. v. NEW YORK CITY DEPARTMENT OF BUSINESS SERVICES

4 A.D.3d 191 (2004)

772 N.Y.S.2d 272

NEW STREET ICE COMPANY, INC., Appellant, v. NEW YORK CITY DEPARTMENT OF BUSINESS SERVICES et al., Respondents.

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

February 19, 2004.

Contrary to plaintiff's assertions, the New York City Public Development Corporation (PDC) did not have actual authority to bind the City to the terms outlined in the May 1982 memorandum upon which plaintiff relies or the authority to provide prior written consent to the 1984 sublease in accordance with the requirements of the underlying restated lease (see Henry Modell & Co. v City of New York, 159 A.D.2d 354 [1990], appeal...

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