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MORRIS v. 702 EAST FIFTH STREET HDFC

46 A.D.3d 478 (2007)

850 N.Y.S.2d 6

BRUCE MORRIS, Appellant, v. 702 EAST FIFTH STREET HDFC, Respondent.

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

Decided December 27, 2007.

On a prior appeal in this action, we restored the tenant's complaint to the trial calendar based on defendant landlord's failure to comply with the terms of a March 2000 settlement agreement (8 A.D.3d 27 [2004]). Plaintiff thereafter served a supplemental complaint with three causes of action. Contrary to the court's findings, the first cause of action, for breach of the lease arising out of defendant's refusal to sign governmental permits...

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