Dan R. Enterprises v. Kuglers Service Station, Inc.

Appeal from an order of the Supreme Court (Kramer, J.), entered March 31, 2003 in Schenectady County, which, inter alia, granted that portion of defendants’ motion seeking to strike Dennis Kugler as a party defendant.

Plaintiff leased commercial property from defendant Kuglers Service Station, Inc. (hereinafter defendant) for the purpose of operating a vehicle repair shop. The lease term spanned a 14-month period and contained a default provision permitting repossession of the premises “without further notice” if plaintiff failed “to cure any financial obligation” within five days of written…