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21ST CENTURY FUEL, LLC v. 1945 BARTOW AVE. CORP.

10159, 24443/17E.

176 A.D.3d 559 (2019)

108 N.Y.S.3d 843

2019 NY Slip Op 07542

21st Century Fuel, LLC, Appellant, v. 1945 Bartow Ave. Corp. et al., Respondents.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Nicholas J. Damadeo, P.C., Huntington ( Nicholas J. Damadeo of counsel), for appellant.

Sperber Denenberg & Kahan, P.C., New York ( Jacqueline Handel-Harbour of counsel), for respondents.

Concur—Renwick, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Summary judgment was properly denied in this action for specific performance of an option to purchase premises under a commercial lease. We are unable to determine at this point in the litigation whether the 1994 or the 2009 lease controls the parties' relationship. The contradictory nature of the agreements at issue, as well as evidence that plaintiff had forged another agreement purportedly signed by defendants and defendants...

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