CITICORP NORTH AMERICA, INC. v. FIFTH AVENUE 58/59 ACQUISITION COMPANY, LLC


70 A.D.3d 408 (2010)

895 N.Y.S.2d 39

CITICORP NORTH AMERICA, INC., et al., Appellants, v. FIFTH AVENUE 58/59 ACQUISITION COMPANY, LLC, et al., Respondents, et al., Defendant.

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

Decided February 2, 2010.


In March 1991, plaintiff tenant Banco National entered into a 16-year lease with defendant Longstreet for commercial space in Manhattan. The premises were subsequently sold to defendant 767 Fifth Avenue formerly known as Trump 767 Fifth Avenue, and then to defendant Fifth Avenue 58/59 Acquisition, as successor landlords. Banco National's tenancy interest was transferred first to plaintiff Citibank and then to plaintiff Citicorp North America. The lease contained a porters...

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