In this action to determine which of the parties is responsible for the cost of repairing the subject building that is used as a parking garage, the motion court properly determined that triable issues preclude summary judgment in Kinney's favor, including whether Kinney accepted defendant owner 346 West 40th Street, LLC's estoppel certificate certifying that the premises had been maintained by Kinney as required by the Prime Lease with knowledge of the contrary, and true...
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