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25-35 BRIDGE ST v. EXCEL AUTO

11088/2003.

63 Misc.3d 269 (2018)

87 N.Y.S.3d 823

2018 NY Slip Op 28339

25-35 BRIDGE STREET LLC, Plaintiff, v. EXCEL AUTOMOTIVE TECH CENTER INC., Defendant.

Supreme Court, Kings County.

Decided October 29, 2018.

Attorney(s) appearing for the Case

Dunnington Bartholow & Miller LLP, New York City, and Clark Hill, PLC, Birmingham, Michigan, for plaintiff.

Rosenberg & Estis, P.C., New York City, for defendant.

OPINION OF THE COURT

This action arises from a disputed option to purchase contained in a commercial lease which defendant Excel Automotive admittedly failed to exercise in a timely manner. The preliminary issue introduced at trial was whether the Dead Man's Statute, as contained in CPLR 4519 (Statute), precluded...

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