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NEDICK'S STORES, INC. v. T.S.N.Y. REALTY CORP.

156 A.D.2d 123 (1989)

Nedick's Stores, Inc., Respondent, v. T.S.N.Y. Realty Corp., Appellant, et al., Defendants

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

December 5, 1989

The defendant leased to the plaintiff commercial real estate in Manhattan, which is used for a Carvel ice cream store pursuant to a sublease between plaintiff and a Carvel franchisee. The plaintiff's original sublessee has sold her business. The two purchasers entered into an agreement entitled "Assignment of Lease and Assumption Agreement", under the terms of which the "assignees" provided the plaintiff, as "assignor", with a conditional reassignment upon breach of the terms...

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