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BLUE JEANS U.S.A. INC. v. BASCIANO

286 A.D.2d 274 (2001)

729 N.Y.S.2d 703

BLUE JEANS U.S.A. INC., Appellant, v. RICHARD BASCIANO, Doing Business as 303 WEST 42ND STREET REALTY, Respondent.

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

Decided August 23, 2001.

Plaintiff leased a ground floor retail space at 673-675 Eighth Avenue, between 42nd and 43rd Streets on the west side of the avenue, from defendant landlord in April of 1997. A rider to the lease included the following rent increase clauses:

"40. (A) Increase in Base Rent. Tenant specifically understands that the entire blockfront situated on the opposite (easterly) side of Eighth Avenue between 42nd and 43rd Streets is scheduled to be redeveloped in the near...

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