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CAFETERIA OPERATORS v. AMCAP/DENVER

No. 96CA1493.

972 P.2d 276 (1998)

CAFETERIA OPERATORS L.P., a Delaware Limited Partnership, Plaintiff-Appellee and Cross-Appellant, v. AMCAP/DENVER LIMITED PARTNERSHIP, a Delaware Partnership, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 18, 1998.

Certiorari Denied February 22, 1999.

Attorney(s) appearing for the Case

Kutak Rock, John P. Jones, Denver, Sachnoff & Weaver, Ltd., J. Samuel Tenenbaum, Chicago, IL, for Plaintiff-Appellee and Cross-Appellant.

Silver & Deboskey, P.C., Joe L. Silver, Elizabeth Savage, Jay S. Jester, Denver, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge NEY.

In this declaratory judgment action concerning a sublease of commercial property (premises), AmCap/Denver Limited Partnership (lessor) appeals the partial summary judgment entered on the motion of Cafeteria Operators (lessee). The lessee cross-appeals the district court's ruling that lessor reasonably withheld its consent to a proposed sublease. We affirm.

The dispute between the parties concerns a lease for the premises that was executed...

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