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JULIA PROPERTIES, LLC v. LEVY

2014-04829, Index No. 30203/10.

137 A.D.3d 1224 (2016)

28 N.Y.S.3d 428

2016 NY Slip Op 02333

JULIA PROPERTIES, LLC, Respondent, v. NORMAN LEVY, Appellant, et al., Defendants.

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

Decided March 30, 2016.

Ordered that the order is affirmed, with costs.

In July 2009, the plaintiff, Julia Properties, LLC, entered into a lease agreement with nonparty William Morgan to lease certain real property owned by Morgan. The lease provided that the "Commencement Date shall mean when Landlord shall complete construction and obtain[] a [certificate of occupancy]... or when the premises are otherwise habitable." The plaintiff contends that in July 2010, the defendant Norman Levy...

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