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T & N PROPS v. MULDOON INDUS

13 Misc.3d 53 (2006)

823 N.Y.S.2d 833

T & N PROPERTIES, INC., Appellant, v. MULDOON INDUSTRIES, INC., as Assignee of MULDOON REALTY CO., Respondent.

Supreme Court, Appellate Term, Second Department.

September 14, 2006.

Attorney(s) appearing for the Case

Clair & Gjertsen, Scarsdale (Ira S. Clair of counsel), for appellant.

Gross & Gross LLP, Mount Vernon (Mark A. Gross and Ronald Lopez of counsel), for respondent.

RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment affirmed without costs.

In this commercial holdover summary proceeding commenced in February 2004, the parties dispute the termination date of the lease, landlord, in reliance on the first page of the lease, contending that the lease expired on January 31, 2004 and tenant contending that the true expiration date was December 31, 2004, based upon the...

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