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RAINBOW SHOP PATCHOGUE CORP. v. ROOSEVELT NASSAU OPERATING CORP.

34 A.D.2d 667 (1970)

Rainbow Shop Patchogue Corp., Respondent, v. Roosevelt Nassau Operating Corporation, Appellant

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

April 13, 1970

Order affirmed insofar as appealed from, with $10 costs and disbursements.

In considering the sufficiency of the complaint the court must assume all the allegations to be true [including those (pars. 12-14) to the effect that the kiosk in question would obstruct the view of the demised premises] and, if they state some valid cause of action, the complaint must be sustained (Kober v. Kober, 16 N.Y.2d 191). So considered, it...

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