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CLARK CONSTRUCTION CORPORATION v. BLF REALTY HOLDING CORP.

54 A.D.3d 604 (2008)

863 N.Y.S.2d 674

CLARK CONSTRUCTION CORPORATION, Respondent, et al., Plaintiffs, v. BLF REALTY HOLDING CORP. et al., Appellants.

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

September 18, 2008.

In our prior decision reinstating plaintiffs' breach of contract claims (28 A.D.3d 367 [2006], lv denied 7 N.Y.3d 717 [2006]), we implicitly rejected defendants' reliance on the Martin Act (General Business Law art 23-A) as a basis for summary dismissal. Because the existence of the two additional tenants has been apparent throughout the litigation, there was no new evidence calling for additional consideration. The motion court...

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