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JAY GOLDMAN MASTER LIMITED PARTNERSHIP v. 53RD STREET AND MADISON AVENUE TOWER DEVELOPMENT LLC

70 A.D.3d 580 (2010)

JAY GOLDMAN MASTER LIMITED PARTNERSHIP, Appellant-Respondent, v. 53RD STREET AND MADISON AVENUE TOWER DEVELOPMENT LLC, Respondent-Appellant.

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

Decided February 25, 2010.

Under the plain terms of the lease, owner's delivery of the combined notice of substantial completion/floor designation, dated October 29, 2008, designating December 1, 2008 as the intended date of substantial completion, commenced a 15-day period at the end of which tenant's initial rent would be due regardless of any disputes as to whether owner had substantially completed the OIW. Tenant's lease obligations to countersign the floor designation notice and make payment of...

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