NEW ROCHELLE MALL v. DOCKTOR REALTY


65 Misc.2d 303 (1970)

New Rochelle Mall, Plaintiff, v. Docktor Pet Centers Realty, Defendant.

Supreme Court, Special Term, New York County.

December 4, 1970


Attorney(s) appearing for the Case

Sahn, Shapiro & Epstein for plaintiff. Carb, Luria, Cook & Kefeld for defendant.


ARNOLD G. FRAIMAN, J.

This is a motion by plaintiff for summary judgment. Plaintiff landlord, by its amended complaint, seeks recovery of rent and "common area charges" for a store located in a shopping center. Defendant admits in its answer that it has not paid the rent and charges sued upon, but alleges, by way of affirmative defense and counterclaims, that the lease must be construed to obligate plaintiff...

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