RIPPLE'S v. LE HAVRE ASSOC.


88 A.D.2d 120 (1982)

Ripple's of Clearview, Inc., Appellant, v. Le Havre Associates, Respondent

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

July 19, 1982


Attorney(s) appearing for the Case

Carb, Luria, Glassner, Cook & Kufeld (M. William Scherer of counsel), for appellant.

Dreyer & Traub (Richard E. Hershenson of counsel), for respondent.

NIEHOFF, RUBIN and BOYERS, JJ., concur.


MOLLEN, P. J.

Plaintiff is a catering establishment in Whitestone, New York. It took occupancy under a sublease agreement dated March 20, 1963, which was modified in 1963 and 1972. The sublease term ran to February 28, 1983, with an option to renew until April 30, 1998. These lease agreements were subordinate to first and second mortgages on the premises.

In 1974, the holder of the first mortgage commenced...

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