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41 FIFTH OWNERS CORP. v. 41 FIFTH EQUITIES CORP.

14 A.D.3d 386 (2005)

787 N.Y.S.2d 326

41 FIFTH OWNERS CORP., Respondent, v. 41 FIFTH EQUITIES CORP., Appellant.

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

January 13, 2005.

Plaintiff 41 Fifth Owners Corp. (Owners) is a cooperative housing corporation which purchased the apartment building located at 41 Fifth Avenue in the City and County of New York on April 2, 1985. A contemporaneous lease for professional space in the building was assigned to defendant 41 Fifth Equities Corp. (Equities) in December 1989. With the consent of plaintiff, Equities subleased the space in July 1990 for use as medical offices...

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