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MARK HOTEL LLC v. MADISON SEVENTY-SEVENTH LLC

61 A.D.3d 140 (2009)

872 N.Y.S.2d 111

MARK HOTEL LLC, Respondent, v. MADISON SEVENTY-SEVENTH LLC, Appellant.

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

Decided February 3, 2009.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Moses Silverman, Maria H. Keane and Matthew T. Insley-Pruitt of counsel), for appellant.

Kramer Levin Naftalis & Frankel LLP, New York City (Jeffrey L. Braun, Natan M. Hamerman, Jessica J. Glass, Erin E. Oshiro and Jared I. Heller of counsel), for respondent.

Concur — LIPPMAN, P.J., ANDRIAS, SAXE and SWEENY, JJ.

OPINION OF THE COURT

DeGRASSE, J.

Plaintiff and defendant are the respective successors of the tenant and the landlord under a 150-year lease executed in 1981. The demised premises, known as the Mark Hotel, are located at 25 East 77th Street in Manhattan. Pursuant to the lease and by letter dated December 1, 2006, plaintiff requested defendant's consent to a proposed renovation of the hotel that would encompass the conversion of a portion of the premises...

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