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HOLBER ASSOC., L.P. v. RECKSON OPERATING PARTNERSHIP, L.P.

1395, 650939/12.

140 A.D.3d 454 (2016)

31 N.Y.S.3d 872

2016 NY Slip Op 04353

HOLBER ASSOCIATES, L.P., Respondent, v. RECKSON OPERATING PARTNERSHIP, L.P., et al., Appellants.

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

Decided June 7, 2016.

The motion court correctly held Reckson, the tenant under the ground lease with plaintiff, liable for its payment obligations under the lease. Those obligations were expressly preserved in Reckson's assignment of the lease to REP, and were unaffected by the oral joint venture alleged by REP in a pending action in Nassau County, which, at oral argument, the parties advised us had been tried, thereby mooting the application for stay...

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