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172 VAN DUZER v. GLOBE ALUMNI

No. 228.

24 N.Y.3d 528 (2014)

172 VAN DUZER REALTY CORP., Respondent, v. GLOBE ALUMNI STUDENT ASSISTANCE ASSOCIATION, INC., et al., Appellants.

Court of Appeals of New York.

Decided December 18, 2014.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City ( Linda M. Brown and David B. Hamm of counsel), for appellants.

Cox Padmore Skolnik & Shakarchy LLP, New York City ( Noah B. Potter , Steven D. Skolnik and Sanford Hausler of counsel), for respondent.

Chief Judge LIPPMAN and Judges READ, SMITH and PIGOTT concur; Judge ABDUS-SALAAM dissents and votes to affirm for reasons stated in the memorandum at the Appellate Division ( [2013]).

OPINION OF THE COURT

This appeal involves a dispute over future rental payments sought under an acceleration clause from an out-of-possession tenant after termination of the leasehold agreement. The Appellate Division affirmed an order of Supreme Court which granted the landowner plaintiff...

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