MARINI v. PYRAMID CTRS. OF EMPIRE STATE CO.


202 A.D.2d 1031 (1994)

609 N.Y.S.2d 722

Savarino Marini, Doing Business as Mama Gina's Pizza, Respondent-Appellant, v. Pyramid Centers of Empire State Company, Appellant, and Kmart Corporation, Respondents

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

March 11, 1994


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In 1989, defendant Pyramid Centers of Empire State Company ("Pyramid") entered into a lease with plaintiff Savarino Marini, doing business as Mama Gina's Pizza ("Marini") whereby Pyramid rented space in the Geneva Pyramid Mall to Marini for the operation of a pizza shop. The lease provided that Pyramid "shall not lease space to any

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