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GETTINGER ASSOCIATES, L.P. v. ABRAHAM KAMBER COMPANY LLC

3522, 111166/06.

83 A.D.3d 412 (2011)

920 N.Y.S.2d 75

GETTINGER ASSOCIATES, L.P., et al., Respondents, v. ABRAHAM KAMBER COMPANY LLC, Appellant.

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

Decided April 5, 2011.

This consolidated action arises primarily from the service of a number of notices of default by defendant as sublessor in connection with its sublease of a 43-story commercial building to plaintiff Gettinger Associates, LLP (Gettinger). Gettinger assigned the sublease to plaintiff 1407 Broadway Real Estate LLC (Broadway) for $122 million in January 2007.

A notice of default, dated July 21, 2006, alleged that the building...

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