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QUIK PARK 808 GARAGE, LLC v. 808 COLUMBUS COMMERCIAL OWNER LLC

159396/19. Appeal No. 12129. Case No. 2019-05451.

187 A.D.3d 488 (2020)

130 N.Y.S.3d 295

2020 NY Slip Op 05605

Quik Park 808 Garage, LLC, Appellant, v. 808 Columbus Commercial Owner LLC, Respondent.

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

Decided October 8, 2020.

Defendant leased a parking garage to plaintiff pursuant to a lease agreement in which plaintiff agreed not to "assign, encumber, mortgage or otherwise transfer this Lease, or sublet the Demised Premises or any part thereof, or suffer or permit the Demised Premises or any part thereof to be used or occupied by others." The lease provided, "Tenant may use the Demised Premises for a first class attended indoor public parking accessory...

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