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UNITED SKATES v. KAPLAN

96 A.D.2d 232 (1983)

United Skates of America, Inc., et al., Appellants, v. Sally Kaplan et al., Respondents

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

November 7, 1983

Attorney(s) appearing for the Case

Parker Auspitz Neesemann & Delehanty, P. C. (Barrington D. Parker, Jr., Anthony M. Radice, Claudia J. Flynn and Michael A. Becker of counsel), for appellants.

Glazer, Plotkin, Lustig & Glazer (Nelson H. Willick and Fred Plotkin of counsel), for respondents.

MANGANO, J. P., WEINSTEIN and NIEHOFF, JJ., concur.

BROWN, J.

On September 1, 1977 the defendants, Sally Kaplan and Steven B. Kaplan, leased the subject premises, 71-17 Roosevelt Avenue, to Indoor Skateboard Center, Inc., for use as a skateboard center. The lease provided, inter alia, for a five-year full term at an escalating rent, with an option to renew for a further five-year term. In addition and of particular relevance to this appeal, the lease provided for

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