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MORRIS v. 702 EAST FIFTH STREET HDFC

8 A.D.3d 27 (2004)

778 N.Y.S.2d 20

BRUCE MORRIS, Appellant, v. 702 EAST FIFTH STREET HDFC, Respondent.

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

June 3, 2004.

This action was precipitated in 1995 by defendant landlord's service upon plaintiff commercial tenant of a notice to cure and a notice of termination as a result of plaintiff's renovation of the leased storefront premises for the purpose of opening a coffee house/performance space, allegedly in violation of his lease. Plaintiff obtained a Yellowstone injunction staying termination of the lease and shortly thereafter commenced this action, seeking damages for loss of...

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