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WAVERLY CORP. v. CITY OF NEW YORK

48 A.D.3d 261 (2008)

851 N.Y.S.2d 176

WAVERLY CORP., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 14, 2008.

Plaintiff owns the building located at 143 Waverly Avenue in Brooklyn and an adjacent yard. The entire property is designated on the tax map as Block 1889, Lot 1. In November 1995, defendant City of New York entered into a 20-year lease with plaintiff. The preamble to the lease indicated that the lease governed "approximately 29,880 square feet"; however, in the lease the demised premises were described as "the entire building comprising approximately 22,074 rentable square...

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