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BERKSHIRE NURSING CTR., INC. v. LEN REALTY CO.

168 A.D.2d 475 (1990)

Berkshire Nursing Center, Inc., Respondent, v. Len Realty Co., Appellant

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

December 10, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

The parties entered into a lease which allegedly obligated the defendant landlord to reimburse the plaintiff tenant for required "capital costs" the plaintiff made. Contending that the plaintiff failed to set forth any facts demonstrating that its expenditures were required "capital costs", the defendant argues it should have been granted summary judgment...

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