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BANC OF AM. v. SOLOW BLDG.

47 A.D.3d 239 (2007)

847 N.Y.S.2d 49

BANC OF AMERICA SECURITIES LLC, Respondent, v. SOLOW BUILDING COMPANY II, L.L.C., Appellant, et al., Defendant.

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

December 4, 2007.

Attorney(s) appearing for the Case

Dewey Pegno & Kramarsky, LLP, New York City (Thomas E. L. Dewey of counsel), Boies, Schiller & Flexner LLP, Armonk (Philip C. Korologos of counsel), and Dreier, LLP, New York City (Marc S. Dreier of counsel), for appellant.

Davis Polk & Wardwell, New York City (Robert F. Wise, Jr., Neal A. Potischman and Ross Galin of counsel), for respondent.

MARLOW and GONZALEZ, JJ., concur with TOM, J.P.; SAXE and McGUIRE, JJ., dissent in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

TOM, J.

In 1996, defendant Solow Building Company leased 60,000 square feet of space in its building located at 9 West 57th Street in Manhattan to Montgomery Securities, plaintiff's predecessor in interest. The leasehold was eventually expanded to encompass more than 640,000 square feet of space on 20 floors, which plaintiff Banc of America Securities (BAS) utilizes as its New York headquarters. The lease requires BAS to obtain Solow...

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