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TOP-ALL VARIETIES, INC. v. RAJ DEV. CO.

173 A.D.2d 604 (1991)

Top-All Varieties, Inc., Appellant, v. Raj Development Co. et al., Respondents. (Action No. 1.) Richard Albert, Respondent, v. Top-All Varieties, Inc., Appellant. (Action No. 2.)

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

May 20, 1991

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

In this landlord/tenant dispute involving two actions commenced in the Supreme Court, the tenant Top-All Varieties, Inc., contends that the court erred in dismissing its fourth cause of action seeking a judgment declaring that it need not pay certain expenses charged by the landlord, Raj Development Co., as "common area" expenses. At the time that the...

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