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MARTEK INVESTORS, INC. v. MORRIS SMITH CARTING CO., INC.

99 A.D.2d 668 (1984)

Martek Investors, Inc., Formerly Known as Star Supermarkets, Inc., Respondent-Appellant, v. Morris Smith Carting Company, Inc., Appellant-Respondent. (Action No. 1.) Morris Smith Carting Company, Inc., Appellant-Respondent, v. Star Supermarkets, Inc., Now Known as Martek Investors, Inc., Respondent-Appellant. (Action No. 2.)

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

January 27, 1984

Order unanimously affirmed, without costs.

Memorandum:

There are factual questions pertaining to whether the business of the proposed assignee was such that under paragraph 10 of the lease the lessor could properly withhold its consent to the assignment. Summary judgment was, therefore, properly denied to each party (CPLR 3212, subd [b]). The lessee's notice of termination in the letter of December 6, 1982 (assuming the lessee is ultimately found to have the...

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