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SISTERS OF CHARITY HEALTH CARE SYSTEM NURSING HOME, INC. v. MICELI, D.D.S., P.C.

52 A.D.3d 805 (2008)

861 N.Y.S.2d 377

SISTERS OF CHARITY HEALTH CARE SYSTEM NURSING HOME, INC., Doing Business as BAYLEY SETON HOSPITAL, et al., Appellants, v. JACK MICELI, D.D.S., P.C., Respondent.

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

Decided June 24, 2008.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

On January 23, 1992 the parties entered into a lease whereby the defendant, as tenant, agreed to rent the subject premises for use as a dental clinic. The lease included an option to...

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