Pitcher v. Benderson-Wainberg Associates II, Ltd. Partnership
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Cross appeals from an order of the Supreme Court (Dawson, J.), entered July 26, 1999 in Clinton County, which, inter alia, partially granted plaintiffs’ motion for summary judgment.
By lease dated November 30, 1995, plaintiffs, as tenants, and defendant, as landlord, entered into a SVa-year lease for approximately 1,500 square feet of commercial space in which plaintiffs intended to operate a sandwich shop in defendant’s shopping center located in Clinton County. Apparently, the shop did not actually open for business until March 1, 1996. Notwithstanding plaintiffs’ best efforts as…
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