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JAVA STREET REALTY, INC. v. NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION

18 A.D.3d 437 (2005)

794 N.Y.S.2d 420

JAVA STREET REALTY, INC., Appellant-Respondent, v. NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION et al., Respondents, BANK LEUMI TRUST COMPANY OF NEW YORK, Respondent-Appellant, et al., Defendants. (And a Third-Party Action.)

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

May 2, 2005.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the respondents payable by the appellant-respondent and the respondent-appellant.

The pertinent language set forth in the notice of appearance and stipulation dated April 27, 1995 (hereinafter the stipulation) entered into between the defendants Bank Leumi Trust Company of New York (hereinafter the Bank) and New York City Industrial Development Agency (hereinafter...

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