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225 FIFTH AVENUE RETAIL LLC v. 225 5TH, LLC

601659/07, 6400, 6400A.

92 A.D.3d 471 (2012)

937 N.Y.S.2d 852

2012 NY Slip Op 899

225 FIFTH AVENUE RETAIL LLC, Respondent, v. 225 5TH, LLC, et al., Appellants.

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

Decided February 9, 2012.

In their license agreement, the parties expressly provided that substantial completion of the work would be determined by "Gardiner & Theobald Inc., Architect," and that the determination would be binding. Plaintiff established its entitlement to partial summary judgment by submitting an affidavit by Tamela Johnson, a director of Gardiner & Theobald, attesting to the incomplete condition of the flue work (see 225 Fifth...

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