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CHOCK FULL O'NUTS CORP. v. NRP LLC I

47 A.D.3d 189 (2007)

847 N.Y.S.2d 518

CHOCK FULL O'NUTS CORPORATION, Plaintiff, and STAHL MIDTOWN PROPERTIES LLC, Intervenor-Respondent, v. NRP LLC I, Appellant, et al., Defendant.

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

December 11, 2007.

Attorney(s) appearing for the Case

Litman & Jacobs, New York City (Betty Jane Jacobs of counsel), for appellant.

Duane Morris LLP, New York City (Fran M. Jacobs of counsel), for Stahl Midtown Properties LLC, respondent.

TOM, J.P., SAXE, GONZALEZ and McGUIRE, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

This action concerns 1420 Broadway, a property in the Times Square area comprising a free-standing, three-story retail building and the land on which it is built. The property is owned by defendant NRP LLC I (NRP), and was formerly leased to plaintiff Chock Full O'Nuts Corporation (CFON) under a net lease set to expire on March 12, 2001. After the commencement of this action, CFON assigned its interest in the property to...

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