IG SECOND GENERATION PARTNERS v. KAYGREEN REALTY CO.


22 A.D.3d 463 (2005)

802 N.Y.S.2d 203

IG SECOND GENERATION PARTNERS, LP, et al., Respondents-Appellants, v. KAYGREEN REALTY CO., Appellant-Respondent.

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

October 3, 2005.


Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the plaintiffs' motion which were for summary judgment on the first and second causes of action and, in effect, for summary judgment on the counterclaim declaring that the defendant is obligated to participate in the appraisal procedure set forth in the subject lease and substituting therefor a provision granting those branches of the motion; as so modified, the order...

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