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PIG REST., INC. v. ODELIA ENTERS. CORP.

244 A.D.2d 196 (1997)

664 N.Y.S.2d 29

Pig Restaurant, Inc., Appellant, v. Odelia Enterprises Corp., Respondent

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

November 13, 1997

The Special Referee properly determined that defendant's notice was legally effective since defendant could terminate plaintiff's lease pursuant to article 9 (d) thereof after the demised premises were "rendered wholly unusable" as the result of a fire (see, Mawardi v Purple Potato, 187 A.D.2d 569). Since the lease provision was written in the disjunctive, there was no need for...

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