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NEXTEL OF NEW YORK, INC. v. 87-10 51ST AVENUE OWNERS CORPORATION

54 A.D.3d 316 (2008)

863 N.Y.S.2d 58

NEXTEL OF NEW YORK, INC., Respondent-Appellant, v. 87-10 51ST AVENUE OWNERS CORPORATION, Appellant-Respondent.

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

August 5, 2008.

On June 29, 2001, the plaintiff lessee entered into a Communications Site Lease Agreement (hereinafter the lease) with the defendant lessor to erect and maintain a telecommunications facility in a building owned by the defendant. In January 2004 the defendant informed the plaintiff that it was terminating the parties' lease because it had received a notice of violation from the Department of Buildings of the City of New York (hereinafter the DOB) stating that the plaintiff...

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