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POWER TEST PETROLEUM DISTRIBS., INC. v. BAKER-TRIPI REALTY CORP.

190 A.D.2d 845 (1993)

Power Test Petroleum Distributors, Inc., et al., Appellants, v. Baker-Tripi Realty Corp. et al., Respondents

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

February 22, 1993

Ordered that the judgment is affirmed, with costs.

In May 1962 the plaintiff Leemilt's Petroleum, Inc. (hereinafter Leemilt) and the defendant Baker-Tripi Realty Corp. (hereinafter Baker-Tripi) entered into a 20-year lease for the subject parcel of property, which was Baker-Tripi's sole asset. The term of the lease commenced on December 12, 1963, when Baker-Tripi obtained a certificate of occupancy for the property. It provided Leemilt with the right of first refusal...

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