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[64 A.D.2d 550 Page 550] Order, Supreme Court, New York County, entered December 6, 1977, insofar as appealed from, denying plaintiff's motion for summary judgment on the first cause of action and denying its motion to dismiss the first and fourth affirmative defenses and the first counterclaim, unanimously reversed, on the law, motion for summary judgment granted on the first cause, and first and fourth affirmative defenses and the first counterclaim dismissed, with $60 costs and disbursements of this appeal payable to appellant. On April 22, 1971, the Board of Estimate authorized the lease of a building to be erected by plaintiff with a primary use as a day care center. The board's resolution is incorporated into the lease which set the rental at $191,212.50 per annum. Both the board, in its resolution adopted April 22, 1971, and the Commissioner of Real Estate, in his report dated January 18, 1971, found the lease and rental terms to be fair and reasonable. During the period August, 1972 through June, 1976, the city paid the full monthly rental of $15,934.37. Thereafter, the plaintiff was forced to bring a suit for back rent. That prior action was discontinued upon the city's stipulation to pay the full rent due through February of 1977. Subsequently, the city began to pay $6,533.09 in monthly rent instead of the full amount due under the subject lease. To the extent here relevant, the court at Special [64 A.D.2d 550 Page 551]

GENRE
Professional & Technical
RELEASED
1978
July 13
LANGUAGE
EN
English
LENGTH
2
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
64
KB

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