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INTERNATIONAL DEV. INST., INC. v. WESTCHESTER PLAZA, LLC

Index No. 309727/11. Appeal No. 13729. Case No. 2019-5020.

194 A.D.3d 411 (2021)

2021 NY Slip Op 02746

International Development Institute, Inc., Respondent, v. Westchester Plaza, LLC, Appellant, et al., Defendants.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Borchert & LaSpina, P.C., Whitestone ( Edward Vincent of counsel), for appellant.

Raymond Schwartzberg & Associates, PLLC, New York ( Raymond Schwartzberg of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.

This dispute arises from the lease of the second floor of defendant's building for the intended purpose of use by plaintiff as a school. Plaintiff contends that defendant misrepresented that it would cooperate in obtaining the certificate of occupancy (CO), including by curing existing first-floor violations and carrying out the supporting work which defendant undertook to do (roof repair and electrical work). This is merely a...

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