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PENGUIN 3RD AVE. FOOD CORP. v. BROOK-ROCK ASSOCS.

174 A.D.2d 714 (1991)

Penguin 3rd Avenue Food Corp., Respondent, v. Brook-Rock Associates, Appellant

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

June 24, 1991

Ordered that the order and judgment is affirmed, with costs.

The plaintiff Penguin 3rd Avenue Food Corp. (hereinafter Penguin) is the tenant by an assignment of a leasehold interest in premises owned by the defendant Brook-Rock Associates (hereinafter Brook-Rock), consisting of a supermarket building and a parking lot located at 9408 3rd Avenue in Brooklyn, New York. The lease under which Penguin's interest derives was...

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