HEALTH INSURANCE PLAN OF GREATER NEW YORK v. PHOTOBITION NEW YORK, INC.


65 A.D.3d 401 (2009)

HEALTH INSURANCE PLAN OF GREATER NEW YORK, Appellant-Respondent, v. PHOTOBITION NEW YORK, INC., Respondent-Appellant, et al., Defendants.

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

Decided August 4, 2009.


Pursuant to a lease entered into in 1998, and amended in May 1999, defendant's predecessor rented several floors of an office building, including a portion of the 16th floor, from the landlord, Greeley Acquisition LLC. Thereafter, on April 2, 2002, plaintiff and defendant entered into a sublease, conditioned on Greeley's consent, for the 16th floor space, the term of which was coterminous with the prime lease. Because of market conditions

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