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GLOBAL BUSINESS SCHOOL, INC. v. R.E. BROADWAY REAL ESTATE, II, LLC

38 A.D.3d 451 (2007)

833 N.Y.S.2d 48

GLOBAL BUSINESS SCHOOL, INC., Doing Business as GLOBAL BUSINESS INSTITUTE, Respondent, v. R.E. BROADWAY REAL ESTATE, II, LLC, Appellant.

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

Decided March 27, 2007.

Under the terms of the subject lease, tenant, which operates a business school, was not required to start paying rent to landlord until the earlier of three months from the date it received "Quarters Approval" from the New York State Department of Education, or four months from the date landlord delivered a temporary certificate of occupancy to use the premises as an educational facility. Neither condition had yet occurred when...

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