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FUTURIST 1952, INC. v. WESTBETH CORPORATION HOUSING DEVELOPMENT FUND COMPANY, INC.

37 A.D.3d 347 (2007)

830 N.Y.S.2d 141

FUTURIST 1952, INC., Also Known as MODERNIST, INC., Appellant, v. WESTBETH CORPORATION HOUSING DEVELOPMENT FUND COMPANY, INC., Respondent, et al., Defendant.

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

Decided February 22, 2007.

In 1989, the president of plaintiff, a commercial photographer, entered into a lease with defendant, a nonprofit corporation operated to provide moderately priced housing for professionals in the fine arts. The lease, which was formally assigned to plaintiff in 1994, provided that the tenant would "use and occupy the Demised Premises only for the purpose of a photography studio with darkroom shop, and for no other purpose."

Under the terms of the lease, permitting...

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