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CELLULAR TEL. CO. v. 210 EAST 86TH STREET CORP.

14 A.D.3d 305 (2005)

787 N.Y.S.2d 284

CELLULAR TELEPHONE COMPANY, Also Known as AT&T WIRELESS, Respondent, v. 210 EAST 86TH STREET CORP., Appellant.

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

January 4, 2005.

Since the gravity of the loss was out of proportion to the gravity of the breach, the motion court properly allowed equity to intervene under the circumstances presented (see J.N.A. Realty Corp. v Cross Bay Chelsea, 42 N.Y.2d 392 [1977]; Restoration Realty Corp. v Robero, 87 A.D.2d 301 [1982], affd 58 N.Y.2d 1089

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