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BORRESS & BORRESS v. CSJ LLC

27 A.D.3d 287 (2006)

816 N.Y.S.2d 1

BORRESS & BORRESS LLC et al., Appellants, v. CSJ LLC et al., Respondents.

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

March 14, 2006.

The subject building's form deed, required by the offering plan, is an incontrovertible official document filed with the Office of the City Register, but is nonetheless dehors the record (see Matter of O'Neill v Board of Zoning Appeals of Town of Harrison, 225 A.D.2d 782 [1996]) because it was not mentioned during motion practice (see e.g. Soho Plaza Corp. v Nationwide Mut. Ins. Co....

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