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DENTAL MANAGEMENT & DEVELOPMENT, INC. v. BRONX-LEBANON HOSPITAL CENTER

1554, 1555, 17135/05

68 A.D.3d 621 (2009)

2009 NY Slip Op 9528

892 N.Y.S.2d 340

DENTAL MANAGEMENT & DEVELOPMENT, INC., Respondent, v. BRONX-LEBANON HOSPITAL CENTER, Appellant.

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

Decided December 22, 2009.

Because the agreement between two dentists utilizing the basement premises did not result in a complete surrender of the demised premises from one to the other, or a grant of exclusive use to the purported sub-subtenant, the agreement constituted a license rather than an unauthorized sub-sublease (cf. Matter of Dodgertown Homeowners Assn. v City of New York, 235 A.D.2d 538, 539 [1997], lv denied 89 N.Y.2d 809 [1997]). In regard...

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