ALTAMURO v. CAPOCCETTA


212 A.D.2d 904 (1995)

622 N.Y.S.2d 155

Rocco Altamuro et al., Respondents, v. Angelo Capoccetta, Appellant

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

February 9, 1995


White, J.

This appeal concerns defendant's obligations under a commercial lease he entered into with plaintiffs with respect to premises located in the City of Sherrill, Oneida County, in which defendant operated a restaurant. The lease provided that defendant would pay a monthly rental of $3,200 plus utilities during its term, which ran from May 1, 1991 to April 30, 1992. In late May 1991, defendant suffered the first of several heart attacks which forced...

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