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MATTER OF A. LIGERAS ENTERS., INC. v. CARLA REALTY CO.

2016-01944. Index No. 34650/15.

164 A.D.3d 783 (2018)

83 N.Y.S.3d 315

2018 NY Slip Op 05840

In the Matter of A. Ligeras Enterprises, Inc., Appellant, v. Carla Realty Co., Respondent.

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

Decided August 22, 2018.

Ordered that the order and judgment is modified, on the law, by deleting the provisions thereof denying that branch of the petition which was, in effect, to compel specific performance of the valuation provision of the parties' lease, and granting that branch of the motion which was pursuant to CPLR 3211 (a) and 7601 to dismiss that branch of the petition, and substituting therefor provisions granting that branch of the petition and denying that branch of the motion; as so...

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