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W.A. OLSON ENTERS., INC. v. AGWAY, INC.

55 N.Y.2d 659 (1981)

W.A. Olson Enterprises, Inc., Respondent, v. Agway, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided November 19, 1981.

Attorney(s) appearing for the Case

Paul J. Yesawich, III, for appellants.

Joseph L. Watson for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

Because there was no evidentiary proof that the closing was unreasonably delayed by the plaintiff, the trial court properly granted summary judgment to the plaintiff for the percentage rents due under the lease. For the same reason, the Appellate Division was correct in its modification...

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