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MONTEFIORE MEDICAL CENTER v. CREST PLAZA, LLC

2009-07238.

83 A.D.3d 1016 (2011)

921 N.Y.S.2d 327

MONTEFIORE MEDICAL CENTER, Respondent, v. CREST PLAZA, LLC, Appellant.

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

Decided April 26, 2011.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The plaintiff entered into a commercial lease with the defendant to operate a medical center on premises owned by the defendant. On January 11, 2005, the Zoning Board of Appeals of the Town of Eastchester (hereinafter the Board) granted the plaintiff an area variance permitting the plaintiff to use a particular parking lot owned by the defendant, based upon the condition that the...

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