Legal Opinion
M & P Upstate Corp. v. D.R.S.R. Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 27, 2013Published
1Opinion of the CourtLahtinen, J.
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered February 23, 2012 in Sullivan County, which granted plaintiffs motion for summary judgment.
*1192Defendant owns real property in the Town of Liberty, Sullivan County on which a gas station, convenience store, pizzeria and other commercial space are located. In 2006, defendant sold plaintiff the gas station and convenience store businesses and also leased the premises for those businesses to plaintiff. The 10-year lease, with renewal option, was comprised of a form lease and rider thereto that specifically prevailed in the event of a…
2Cases cited6 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Beal Savings Bank v. SommerNew York Court of Appeals · 2007
- MHR Capital Partners LP v. Presstek, Inc.New York Court of Appeals · 2009
- Westmoreland Coal Co. v. Entech, Inc.New York Court of Appeals · 2003
- Metropolitan Steel Industries, Inc. v. Perini Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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