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COMMERCIAL TENANT SERVICES, INC. v. NORTHERN LEASING SYSTEMS, INC.

15731, 652820/11.

131 A.D.3d 895 (2015)

17 N.Y.S.3d 394

2015 NY Slip Op 06984

COMMERCIAL TENANT SERVICES, INC., Respondent, v. NORTHERN LEASING SYSTEMS, INC., Appellant.

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

Decided September 29, 2015.

Contrary to the motion court's finding, defendant did not raise certain arguments for the first time in reply. However, those arguments are unavailing on the merits.

First, defendant contends that the parties' contract violates Real Property Law §§ 440 (1) and 440-a. However, article 12-A of the Real Property Law, which includes sections 440 and 440-a, "should be strictly construed" (Reiter v Greenberg, 21 N.Y.2d 388

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