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MODE CONTEMPO, INC. v. CKI 23RD STREET LLC

41 A.D.3d 293 (2007)

839 N.Y.S.2d 48

MODE CONTEMPO, INC., Respondent, v. CKI 23RD STREET LLC et al., Appellants, et al., Defendants.

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

Decided June 21, 2007.

Appellants construe language in an assignment and assumption of lease dated June 26, 2003, pursuant to which defendant CKI 23rd Street LLC (CKI) purportedly assigned to plaintiff a commercial lease scheduled to expire in March 2009, as a rescission of an agreement between CKI and plaintiff that obligated CKI to seek consent from the landlord to assign a separate lease for the same premises for the term of April 2009 through March 2019. However, even assuming the validity...

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