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SCC ASSOCIATES v. MANUFACTURERS AND TRADERS TRUST CO.

9 A.D.3d 809 (2004)

780 N.Y.S.2d 445

SCC ASSOCIATES, Respondent, v. MANUFACTURERS AND TRADERS TRUST COMPANY, Defendant and Third-Party Plaintiff-Appellant. CITY OF SARATOGA SPRINGS, Third-Party Defendant and Fourth-Party Plaintiff-Appellant; McGINN SMITH & COMPANY, INC., et al., Fourth-Party Defendants-Respondents.

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

July 29, 2004.

PETERS, J.

Plaintiff, SCC Associates, and third-party defendant, City of Saratoga Springs, entered into an agreement whereby plaintiff would, among other things, construct the Saratoga City Center (hereinafter Center) in the City of Saratoga Springs, Saratoga County, and then lease the Center to the City. The City was obligated to pay rent in monthly installments and had the option to purchase the Center during a set period...

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