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KEM CLEANERS, INC. v. SHAKER PINE, INC.

217 A.D.2d 787 (1995)

629 N.Y.S.2d 492

Kem Cleaners, Inc., Appellant, v. Shaker Pine, Inc., Respondent

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

July 13, 1995

Peters, J.

In December 1994, defendant, owner of a strip mall known as Shaker Pine Mall (hereinafter the Mall) in the Town of Colonie, Albany County, agreed to lease to plaintiff a 1,200-square foot retail space that was previously occupied by a video store. The pertinent lease provision provided as follows:

"3. OCCUPANCY: "[Plaintiff] shall use and occupy the Premises for no purpose other than a dry cleaning establishment or other...

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