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KFC NAT. MANAGEMENT CO. v. KONTOKOSTA

No. 88 Civ. 6433 (MEL).

706 F.Supp. 9 (1989)

KFC NATIONAL MANAGEMENT COMPANY, Plaintiff, v. Emanuel KONTOKOSTA, Alice Kontokosta and Cally Kontokosta, Defendants.

United States District Court, S.D. New York.

February 15, 1989.

Attorney(s) appearing for the Case

Eisen & Schulman, New York City, for plaintiff; Edwin Roy Eisen, of counsel.

Argiriou & Finkel, New York City, for defendants; Arthur Argiriou, of counsel.

LASKER, District Judge.

Plaintiff KFC National Management Company ("KFC"), which operates a Kentucky Fried Chicken restaurant on a property leased to it by the defendants Emanuel, Alice, and Cally Kontokosta, seek to replace the existing structure on that leased property. KFC contends, and the defendants dispute, that it has a right to demolish and replace the existing building under New York Real Prop. Acts. Law § 803 (McKinney 1979) and the terms of the lease...

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