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401 WEST 14TH STREET FEE LLC v. NORD NOORDZEE, LLC

34 A.D.3d 294 (2006)

825 N.Y.S.2d 15

401 WEST 14TH STREET FEE LLC, Respondent, v. MER DU NORD NOORDZEE, LLC, Doing Business as "MARKT" RESTAURANT, Appellant.

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

Decided November 14, 2006.

Since interpretation of an unambiguous lease is involved, raising pure issues of law for the court (see Hirsch v Food Resources, Inc., 24 A.D.3d 293, 295 [2005]), the motion court properly determined the merits of the action at this juncture (cf. Mihlovan v Grozavu, 72 N.Y.2d 506, 508 [1988]; see Law Research Serv. v Honeywell, Inc., 31 A.D.2d 900

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