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SMOKES `N' SWEETS, INC. v. WEST LAKE ASSOCS.

227 A.D.2d 757 (1996)

642 N.Y.S.2d 358

Smokes `N' Sweets, Inc., et al., Appellants, v. West Lake Associates, Respondent

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

May 9, 1996

Mercure, J.

Plaintiff Smokes `N' Sweets, Inc. (hereinafter plaintiff) leases commercial space in defendant's shopping center, where it operates a combination tobacco, candy and gift shop. The central issue posed by this action is whether plaintiff's sale of lottery tickets from an on-line terminal violates its written lease with defendant in view of the fact that defendant granted another shopping center tenant, Rose Hill Card and Gift Shop (hereinafter...

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