1286 RR OPERATING INC. v. McALPIN ASSOCS.


169 A.D.2d 450 (1991)

1286 RR Operating Inc., Appellant, v. McAlpin Associates, Respondent

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

January 10, 1991


Plaintiff, which leased premises to be used exclusively as a family style "Roy Rogers" restaurant, attempted to sell food under the trade names "Nathan's" and "Dunkin Donuts", claiming that it was merely engaged in a permissible expansion of its menu.

After the defendant served various notices to cure, the parties stipulated that the landlord would take no further actions to terminate the tenancy. The stipulation was "so ordered". Nevertheless, defendant alleges plaintiff...

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