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853 SEVENTH AVENUE OWNERS, LLC v. W & HM REALTY CO., LLC

70 A.D.3d 515 (2010)

895 N.Y.S.2d 69

853 SEVENTH AVENUE OWNERS, LLC, Appellant, v. W & HM REALTY CO., LLC, Also Known as W & HM REALTY PARTNERS LLC, Respondent. W & HM REALTY CO., LLC, Respondent, v. 853 SEVENTH AVENUE OWNERS, LLC, Appellant.

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

Decided February 18, 2010.

This Court has previously rejected 853's claim that in determining the value of—and, in turn, the rent for—property it leases from W & HM, the appraisers should consider the impact of the rent control and rent stabilization laws (18 A.D.3d 241 [2005]). Our finding there was based on the clear language in the lease before us that "[t]he net annual rent during each renewal term...

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