Legal Opinion

Weaver Street Properties, LLC v. Cold Stone Creamery, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2011Published

1Opinion of the Court

The plaintiff and the defendant entered into a lease whereby the defendant rented store space in a shopping center owned by the plaintiff. The defendant then entered into a sublease with a company owned by Aaron Tzamarot and Karin Tzamarot, which ran an ice cream store as a franchise of the defendant. The franchisee defaulted in the payment of rent, and thereafter closed the store about 18 months into the lease term. The plaintiff commenced this action, inter alia, to recover damages for breach of contract, alleging, among other things, that it was entitled to damages in the amount of the…

2Cases cited3 opinions

  1. M & R Rockaway, LLC v. SK Rockaway Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Anita Babikian, Inc. v. TMA Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Hall v. PaezAppellate Division of the Supreme Court of the State of New York · 2010

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