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BENDERSON DEV. CO., INC. v. COMMENCO CORP.

44 A.D.2d 889 (1974)

Benderson Development Company, Inc., Respondent, v. Commenco Corporation et al., Appellants

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

May 23, 1974

Judgment unanimously reversed, on the law and facts, with costs, and complaint dismissed.

Memorandum:

On February 13, 1970, plaintiff lessor entered into a lease with defendant Commenco which demised a portion of a shopping plaza in the Town of Niagara for a period of 20 years at a rental of $13,200 per annum. Defendant Kentucky Fried Chicken guaranteed performance of the lease. The lease provisions required that...

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