TED'S JUMBO RED HOTS, INC. v. BENDERSON DEV. CO., INC.


216 A.D.2d 939 (1995)

628 N.Y.S.2d 893

Ted's Jumbo Red Hots, Inc., Appellant, v. Benderson Development Co., Inc., Respondent

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

June 9, 1995


Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following

Memorandum:

In this action seeking a preliminary injunction and a declaratory judgment, we conclude that the record supports the court's declaration that plaintiff is not entitled to renew its lease with defendant. Because the complaint seeks, inter alia, a declaratory judgment, the court erred in granting in its entirety the cross...

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