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936 SECOND AVENUE, L.P. v. SECOND CORPRATE DEVELOPMENT, CO., INC.

4430, 601734/09.

82 A.D.3d 446 (2011)

917 N.Y.S.2d 865

936 SECOND AVENUE, L.P., Appellant, v. SECOND CORPORATE DEVELOPMENT, CO., INC., et al., Respondents.

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

Decided March 3, 2011.

There is no basis to disturb the award. The appraisal was made pursuant to the procedure set forth in the parties' lease. The appraisers averred that they complied with the Court of Appeals' order that the net lease must be taken into account when valuing the demised premises (see 936 Second Ave. L.P. v Second Corporate Dev. Co., Inc., 10 N.Y.3d 628 [2008]). The motion court properly determined that there was no evidence of...

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