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151 MULBERRY STREET CORP. v. ITALIAN AMERICAN MUSEUM

Nos. 8943, 651017/10.

102 A.D.3d 412 (2013)

957 N.Y.S.2d 698

2013 NY Slip Op 19

151 MULBERRY STREET CORP., Doing Business as IL PALAZZO, Appellant, v. ITALIAN AMERICAN MUSEUM et al., Respondents.

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

Decided January 3, 2013.

Plaintiff seeks to enforce a lease it alleges it entered into with defendant Italian American Museum, and to preserve what it claims was a right to purchase the leased premises from the former owner, defendant Stabile. The lease contained two conditions precedent: approval by the museum's mortgage bank and delivery of the lease (see e.g. 219 Broadway Corp. v Alexander's, Inc., 46 N.Y.2d 506, 510-512 [1979]), neither of which occurred...

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