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97TH STREET HOLDINGS, LLC v. EAST SIDE TEANTS CORPORATION

4447, 102105/09.

82 A.D.3d 473 (2011)

918 N.Y.S.2d 421

97TH STREET HOLDINGS, LLC, Appellant, v. EAST SIDE TENANTS CORPORATION, Respondent, et al., Defendant.

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

Decided March 8, 2011.

The parties, sophisticated business people represented by counsel at the time they entered the contract of sale, did not condition 97 LLC's performance under the contract upon East Side's procurement of a waiver of liability from an adjoining landowner as to alleged damage caused by the structurally unsound condition of the building on the property to be sold. Nor did the parties' agreement obligate East Side to obtain a consent...

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