DELI OF LATHAM, INC. v. FREIJE


101 A.D.2d 935 (1984)

Deli of Latham, Inc., Respondent-Appellant, v. Joseph P. Freije, Appellant-Respondent

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

May 17, 1984


¶ Plaintiff commenced this action seeking, inter alia, specific performance of a purported lease executed January 25, 1978 for the rental of a full store in the shopping plaza owned by defendant. The purported lease was handwritten on a small sheet of yellow lined paper by Mary Hoffman, plaintiff's president, and recited on the front side, "This agreement is contingent upon space availability of a full store. Rental is as follows: first, second & third year...

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