Marjax Enterprises, Inc. v. Upstate Hiawatha Plaza Co.

Judgment and order *1160denying plaintiff’s motion to correct clerk’s minutes unanimously modified in accordance with memorandum and, as modified, judgment and orders affirmed, with costs, to plaintiff. Memorandum: Plaintiff commenced this action to recover money allegedly due it from defendants for vacating certain store premises in Hiawatha Shopping Plaza prior to the expiration of its lease. The corporate defendant wished to acquire the demised premises to remodel and relet them at more favorable rent. The claim is based upon two alleged letter agreements between plaintiff and defendant Upstate…