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TOURNEAU v. 53RD & MADISON

601125/2009.

27 Misc.3d 953 (2010)

896 N.Y.S.2d 631

TOURNEAU, LLC, Plaintiff, v. 53RD AND MADISON TOWER DEVELOPMENT LLC, Defendant.

Supreme Court, New York County.

Decided February 26, 2010.

Attorney(s) appearing for the Case

Stempel Bennett Claman & Hochberg, P.C., New York City ( Richard Claman of counsel), for defendant. Finkelstein Newman Ferrara LLP, New York City ( Jarred I. Kassenoff of counsel), for plaintiff.

OPINION OF THE COURT

BERNARD J. FRIED, J.

This action is based on an allegedly void commercial lease. Plaintiff, a commercial tenant, seeks declaratory and injunctive relief and damages based on alleged violations of the rule against perpetuities. (EPTL 9-1.1 [b].) The defendant, a commercial landlord, has moved for partial summary judgment dismissing the complaint, and also seeks affirmative relief, motion sequence No. 001. (CPLR 3212.) Plaintiff has cross...

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