WOOSTER 76, LLC v. GHATANFARD


51 A.D.3d 428 (2008)

857 N.Y.S.2d 106

WOOSTER 76, LLC, Respondent, v. DAVID GHATANFARD et al., Appellants.

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

Decided May 1, 2008.


An issue of fact as to whether there was delivery of a fully executed lease is raised by, inter alia, defendants' signed assignment of lease and their letter attempting to cancel the lease (cf. 219 Broadway Corp. v Alexander's, Inc., 46 N.Y.2d 506, 511-512 [1979]). The motion court correctly determined that if the lease is ultimately determined to have been effective, the individual defendant...

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