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DUANE THOMAS LLC v. WALLIN

8 A.D.3d 193 (2004)

779 N.Y.S.2d 466

DUANE THOMAS LLC, Respondent, v. AMY WALLIN, Appellant.

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

June 24, 2004.

Factual issues as to who breached the parties' 2001 agreement settling the prior holdover proceeding preclude dismissal of plaintiff's claim for ejectment based on defendant's breach of that agreement (see Aryeh v 61 E. 86 Owners Corp., 249 A.D.2d 248 [1998]). The issue of what, if any, notice of termination defendant was entitled to prior to the commencement of this action is entwined with factual issues that also cannot be determined...

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