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GATEWAY I GROUP, INC. v. PARK AVE. PHYSICIANS, P.C.

62 A.D.3d 141 (2009)

877 N.Y.S.2d 95

GATEWAY I GROUP, INC., Respondent, v. PARK AVENUE PHYSICIANS, P.C., Defendant, and PARK AVENUE HEALTH CARE MANAGEMENT, INC., et al., Appellants.

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

Decided March 17, 2009.

Attorney(s) appearing for the Case

Cozen O'Connor, New York City (Edward Hayum and Kevin M. Mattessich of counsel), for appellants.

Steven C. Hirsch, Garden City (Michael Lowe of counsel), for respondent.

SKELOS, J.P., RITTER and CARNI, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

Factual Background and Prior Action

The plaintiff, Gateway I Group, Inc., owns real property located at One North Lexington Avenue in White Plains. The defendant Park Avenue Physicians, P.C. (hereinafter Physicians) was the plaintiff's tenant at that property. In a prior action commenced by the plaintiff to recover unpaid rent from Physicians, the plaintiff...

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