PEAK DEVELOPMENT, LLC v. CONSTRUCTION EXCHANGE
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 5, 2011. The order, among other things, granted defendants’ motion for summary judgment.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.
Memorandum: Plaintiff commenced this action seeking damages arising from defendants’ alleged breach of a commercial lease agreement. Specifically, plaintiff alleged that defendants failed to pay as “additional rent” its pro rata share of common area…
2Cases cited12 opinions
- Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
- Wallace v. 600 Partners Co.New York Court of Appeals · 1995
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- Pekarsky v. Commissioner of the New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1999
- Bank of New York v. HirschfeldNew York Court of Appeals · 1975
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