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JFK HOLDING CO. v. CITY OF NY.

6756.

98 A.D.3d 273 (2012)

948 N.Y.S.2d 63

2012 NY Slip Op 5339

JFK HOLDING COMPANY LLC et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and THE SALVATION ARMY, Respondent.

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

July 3, 2012.

Attorney(s) appearing for the Case

Kasowitz Benson Torres & Friedman LLP, New York City ( Jennifer S. Recine , Michael J. Bowe , Ronald R. Rossi and Benjamin S. Goldstein of counsel), for appellants.

Cadwalader, Wickersham & Taft LLP, New York City ( Kathy H. Chin and Jared L. Facher of counsel), for respondent.

SAXE, J.P., and CATTERSON, J., concur with MANZANET-DANIELS, J.; FRIEDMAN and FREEDMAN, JJ., dissent in a separate opinion by FREEDMAN, J.

OPINION OF THE COURT

MANZANET-DANIELS, J.

Defendant the Salvation Army entered into a lease agreement with plaintiff landlords JFK Holding Company LLC and J.F.K. Acquisition Group (collectively, JFK) for use of the Carlton House Hotel, located at 138-10 North Conduit Avenue, Queens, New York, as a tier II homeless facility pursuant to a parallel services agreement with the Department of Homeless Services (DHS)...

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