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KOULTUKIS v. PHILLIPS

285 A.D.2d 433 (2001)

728 N.Y.S.2d 440

CHRIS KOULTUKIS, Plaintiff, v. ALAN PHILLIPS et al., Defendants, and PUPCAKES MANAGEMENT CORP. et al., Defendants and Third-Party Plaintiffs-Respondents. DEPARTMENT OF BUILDINGS OF THE CITY OF NEW YORK, Third-Party Defendant-Appellant.

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

Decided July 26, 2001.

In 1994, plaintiff purchased from defendant Alan Phillips a chiropractic practice with offices on the parlor floor and lower level at 343 West 71st Street, in Manhattan. Along with the sale of the practice Phillips, who then owned the building, gave plaintiff a 10-year lease for the offices, specifying that the premises were to be used for "Chiropractic and other related services." Plaintiff then sublet the lower level to non-party...

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