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BIALYSTOKER CENTER & BIKUR CHOLIM, INC. v. LOWER EAST SIDE HEALTH CARE HOLDING CORP.

45 A.D.3d 307 (2007)

846 N.Y.S.2d 5

BIALYSTOKER CENTER & BIKUR CHOLIM, INC., Also Known as BIALYSTOKER CENTER, Respondent, v. LOWER EAST SIDE HEALTH CARE HOLDING CORP., Appellant, et al., Respondents. LOWER EAST SIDE HEALTH CARE HOLDING CORP., Appellant, v. BIALYSTOKER CENTER & BIKUR CHOLIM, INC., Respondent.

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

Decided November 8, 2007.

We disagree with Appellate Term that tenant's damages, assessed by Civil Court in the principal amount of $2,307,223.15, and allegedly caused by an inability to procure Public Health Law article 28 health care facilities or providers as subtenants due to the lack of a certificate of occupancy, were not contemplated by the parties at the time they executed the lease obligating landlord to obtain a certificate of occupancy. It is...

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