See Why Gerard, LLC v. Gramro Entertainment Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Appeal from an order of the Supreme Court (Devine, J.), entered December 28, 2010 in Albany County, which, among other things, granted defendants’ motion to dismiss the complaint.
In December 2003, defendant Gramro Entertainment Corporation (hereinafter defendant) entered into a 61-month lease for banquet hall space located in the DeWitt Clinton building in the City of Albany. Defendants Thomas J. Nicchi and Thomas V. Nicchi guaranteed the lease. The building was subsequently sold to plaintiff and defendant’s lease was assigned to plaintiff. Plaintiff offered to pay defendant to vacate the…
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