New Horizons Amusement Enterprises, Inc. v. Zullo

Crew III, J.P.

Cross appeals from a judgment of the Supreme Court (Lomanto, J.), entered July 25, 2001 in Schenectady County, which, inter alia, granted plaintiffs motion for a directed verdict.

On April 20, 1995, plaintiff entered into a lease with defendants for the purpose of developing a miniature golf course on defendant’s property along State Route 50 in the Town of Glenville, Schenectady County. The lease contained a covenant against encumbrances and provided, inter alia, for a $10,000 refundable retainer upon execution of the agreement to be applied to the first year’s rent. Monthly…