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CYBER LAND, INC. v. CHON PROPERTY CORPORATION

36 A.D.3d 748 (2007)

830 N.Y.S.2d 198

CYBER LAND, INC., Appellant, v. CHON PROPERTY CORPORATION, Defendant and Third-Party Plaintiff-Respondent, and JUDITH PITCH et al., Respondents. YU MING HONG, Third-Party Defendant-Respondent.

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

Decided January 23, 2007.

Ordered that the order is affirmed, with one bill of costs to the respondents, appearing separately and filing separate briefs.

The plaintiff was the tenant of commercial premises in Flushing by virtue of an assignment of a 20-year lease which provided, among other things, that rent must be paid by the tenant on the first of every month. The lease also contained a nonwaiver clause, and gave the tenant a right of first refusal should the premises be offered for sale...

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