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VANLEX STORES, INC. v. BFP 300 MADISON II LLC

1287, 107277/04, 1287A.

66 A.D.3d 580 (2009)

887 N.Y.S.2d 576

2009 NY Slip Op 7677

VANLEX STORES, INC., Appellant, v. BFP 300 MADISON II LLC et al., Respondents.

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

Decided October 27, 2009.

The motion court properly determined that defendants were permitted to restrict the use of the retail space in the subject building offered to plaintiff and further, that defendants had no obligation to offer plaintiff such retail space on the same terms offered to another commercial tenant, as plaintiff's rights to a first offer had not yet accrued. Section 39.05 of the 1996 lease clearly and unambiguously granted defendants the...

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