HERITAGE CO. OF MASSENA v. KLEIN'S ALL-SPORTS DISTRIBS., INC.


212 A.D.2d 996 (1995)

623 N.Y.S.2d 39

Heritage Company of Massena, Appellant-Respondent, v. Klein's All-Sports Distributors, Inc., Respondent-Appellant

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

February 3, 1995


Judgment unanimously modified on the law and as modified affirmed with costs to plaintiff and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum:

Defendant entered into a lease with plaintiff to rent space at the St. Lawrence Centre Mall (Mall). Pursuant to section 7.04 of that lease, defendant was to pay plaintiff additional monthly rent for its pro rata share of the operating costs of the common areas and common...

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