HIGHLANDS CENTER, LLC v. HOME DEPOT U.S.A., INC.

2015-01847, Index No. 2258/13.

149 A.D.3d 919 (2017)

2017 NY Slip Op 02973

53 N.Y.S.3d 321

HIGHLANDS CENTER, LLC, Appellant, v. HOME DEPOT U.S.A., INC., Respondent.

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

Decided April 19, 2017.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant is a tenant in the Highlands Shopping Center (hereinafter the shopping center), and the plaintiff is its landlord. In October 2000, the defendant and the plaintiff's predecessor-in-interest, Emgee Highlands Corporation (hereinafter Emgee), entered into a series of related agreements for the development and operation of the shopping center. One of the agreements called for the defendant...

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