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BALDWIN FITNESS CENTER, INC. v. NICKART REALTY CORPORATION

4 A.D.3d 380 (2004)

771 N.Y.S.2d 394

BALDWIN FITNESS CENTER, INC., Doing Business as EXTREME FITNESS OF BALDWIN, Appellant, v. NICKART REALTY CORPORATION, Respondent.

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

February 9, 2004.

Ordered that the order dated October 4, 2002, is modified, on the law, by deleting the provisions thereof granting that branch of the motion which was, in effect, for an assessment of damages on the third cause of action only to the extent of allowing the plaintiff to recoup certain fines actually paid, and denying that branch of the motion which was, in effect, for an assessment of damages on the fifth cause of action, and substituting...

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