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NEW YORK CITY TR. AUTH. v. 4761 BROADWAY ASSOC., LLC

8486. 452721/14.

169 A.D.3d 568 (2019)

92 N.Y.S.3d 654

2019 NY Slip Op 01332

New York City Transit Authority, Appellant, v. 4761 Broadway Associates, LLC, Respondent.

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

Decided February 21, 2019.

The court correctly denied the Transit Authority's motion (CPLR 3212 [f]; Windley v City of New York, 104 A.D.3d 597, 598-599 [1st Dept 2013]). The record does not permit resolution, as a matter of law, of the issue of whether the Transit Authority waived the covenant requiring defendant landowner, 4761 Broadway Associates, LLC, to provide maintenance for the entrances, passages and stairwells leading to the subject subway stop ...

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