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NEW YORK UNIVERSITY v. CLIFF TOWER, LLC

10506N, 602913/08, 10507N.

107 A.D.3d 649 (2013)

969 N.Y.S.2d 23

2013 NY Slip Op 4911

NEW YORK UNIVERSITY, Appellant, v. CLIFF TOWER, LLC, Respondent.

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

Decided June 27, 2013.

Plaintiff correctly argues that the motion court erroneously failed to grant partial summary judgment dismissing the tenth counterclaim to the extent that defendant Cliff Tower sought lost rent from plaintiff in the amount of more than $1.5 million based on plaintiff's alleged failure to return the dormitory apartments in good repair. Nothing in the relevant lease provisions provided for additional rent beyond the term of the lease...

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