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COAST EQUITIES, LLC v. JCC VENTURES, INC.

60 A.D.3d 553 (2009)

___ N.Y.S.2d ___

COAST EQUITIES, LLC, Respondent, v. JCC VENTURES, INC., et al., Appellants, et al., Defendant.

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

Decided March 26, 2009.

Defendants assert that the primary purpose of the subject July 2002 lease, as contemplated by them and plaintiff's predecessor landlord, was the operation of a cabaret; that defendant and its assignee, against whom summary judgment was also granted but who does not appear on the appeal, continuously operated the premises as a cabaret until August 2005; and that on August 1, 2005, the Department of Buildings (DOB) informed defendants...

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