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TAG 380, LLC v. COMMET 380

40 A.D.3d 1 (2007)

830 N.Y.S.2d 87

TAG 380, LLC, Appellant-Respondent, v. COMMET 380, INC., Respondent-Appellant and Third-Party Plaintiff. GMAC COMMERCIAL MORTGAGE CORPORATION, Third-Party Defendant-Intervenor-Respondent.

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

February 13, 2007.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York City (Michael E. Feinstein and Warren A. Estis of counsel), for appellant-respondent.

Seward & Kissel LLP, New York City (Bruce G. Paulsen, Jeffrey M. Dine and Daniel S. Marvin of counsel), for respondent-appellant.

Cadwalader, Wickersham & Taft LLP, New York City (Jason M. Halper and Gregory A. Markel of counsel), for GMAC Commercial Mortgage Corporation, respondent.

MAZZARELLI, MARLOW, NARDELLI and SWEENY, JJ., concur.

OPINION OF THE COURT

Tom, J.P.

Plaintiff TAG 380, LLC (tenant) seeks a declaration of its rights and obligations as assignee of a 1989 ground lease to the premises known as 380 Madison Avenue in New York County. Defendant ComMet 380, Inc. (landlord), a real estate investment trust, currently owns the property, and nonparty RREEF America LLC, a national real estate asset management company, is ComMet's asset...

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