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C&K REALTY CO. v. ISFC FABRICS CORP.

66 A.D.2d 697 (1978)

C&K Realty Co., Respondent, v. ISFC Fabrics Corp., Defendant, and WH Furniture Group, Inc., et al., Appellants

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

December 14, 1978

The complaint seeks to recover for rent due under a 10-year lease entered into between plaintiff and ISFC on March 16, 1973. In 1975, when ISFC's business was sold, the premises were sublet, with plaintiff's consent. The action seeks to recover rent alleged to be due for the balance of lease following termination of the sublease. The sublease expressly recognized the obligation of ISFC as prime tenant under the lease. Upon the motion to dismiss, appellants WH Furniture Group...

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