S. E. NICHOLS, INC. v. AM. SHOPPING CTRS., INC.


130 A.D.2d 855 (1987)

S. E. Nichols, Inc., et al., Appellants, v. American Shopping Centers, Inc., et al., Respondents

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

May 14, 1987


Harvey, J.

The parties to this appeal are sophisticated corporations which are well counseled in legal matters. In June 1969, they entered into a long-term shopping center lease. On April 4, 1984, defendants sent plaintiffs a notice of default stating, inter alia, that plaintiffs had failed to pay certain percentage rental as required by the lease. On May 1, 1984, plaintiffs responded asserting that a previously complained-about leaky roof constituted...

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