Berkshire Nursing Center, Inc. v. Len Realty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover capital cost expenditures pursuant to a lease, the defendant appeals from *476so much of an order of the Supreme Court, Nassau County (Morrison, J.), dated November 28, 1988, as denied its cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The parties entered into a lease which allegedly obligated the defendant landlord to reimburse the plaintiff tenant for required "capital costs” the plaintiff made. Contending that the plaintiff failed to set forth any facts demonstrating that its…
2Cases cited8 opinions
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Reilly v. ReidNew York Court of Appeals · 1978
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Ott v. BarashAppellate Division of the Supreme Court of the State of New York · 1985
- Peterson v. ForkeyAppellate Division of the Supreme Court of the State of New York · 1975
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- Feldstein v. New York City Department of Consumer AffairsDistrict Court, E.D. New York · 1992
- Stuart Realty Co. v. Rye Country Store, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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