BENDERSON v. POSS


142 A.D.2d 937 (1988)

Nathan Benderson et al., Appellants, v. Harry R. Poss, Jr., Respondent

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

July 7, 1988


Order and judgment unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action to recover accelerated rents under a clause of a lease of commercial property after defendant failed to make payments of common area charges and taxes as required by the lease agreement. Upon defendant's default which occurred 1½ years into the five-year term, plaintiffs elected to terminate the lease. On plaintiffs' motion for summary judgment, Special Term...

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