SUNOCE PROPS., INC. v. BALLY TOTAL FITNESS OF GREATER N.Y., INC.

2014-11697, Index No. 603231/13.

148 A.D.3d 751 (2017)

2017 NY Slip Op 01586

48 N.Y.S.3d 476

SUNOCE PROPERTIES, INC., Appellant, v. BALLY TOTAL FITNESS OF GREATER NEW YORK, INC., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 1, 2017.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the cause of action alleging breach of contract is denied.

In 1975, the plaintiff, as landlord, and the defendant, as tenant, entered into a commercial lease for premises located in Rockville Centre. The plaintiff contends that, pursuant to the written lease entered into by the parties in 1975 (and extended...

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