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PORTHAULT COMPANY, INC. v. JEDDAH MADISON CORPORATION

43 A.D.3d 340 (2007)

842 N.Y.S.2d 387

PORTHAULT COMPANY, INC., Appellant, v. JEDDAH MADISON CORPORATION, Respondent, et al., Defendant.

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

Decided August 23, 2007.

To the extent the expiration of the purported sublease and the execution of a settlement agreement between the plaintiff and Jeddah in a separate holdover proceeding has not rendered moot the instant claims, we conclude that Supreme Court properly granted Jeddah's motion.

Jeddah established its entitlement to a declaration in its favor based on the documentary evidence (see Leon v Martinez, 84 N.Y...

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