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RIVER STREET REALTY CORP. v. N.R. AUTOMOTIVE, INC.

2011-01590.

94 A.D.3d 848 (2012)

942 N.Y.S.2d 163

2012 NY Slip Op 2662

RIVER STREET REALTY CORP., Appellant, v. N.R. AUTOMOTIVE, INC., Respondent.

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

Decided April 10, 2012.

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

The plaintiff alleges that the parties entered into a commercial lease whereby the plaintiff agreed to lease certain real property to the defendant for use as an automobile dealership. The lease expressly provided that it was contingent upon the issuance of a special use permit to the defendant by the City of New Rochelle to use the premises as an automobile dealership. If a special use permit...

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