STONYBROOK REALTY v. CREMKTCO


176 Misc.2d 589 (1998)

675 N.Y.S.2d 749

Stonybrook Realty, L. L. C., Respondent, v. Cremktco Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

March 11, 1998.


Attorney(s) appearing for the Case

Samuel Rutter, Huntington, for appellant. Long, Tuminello, Besso, Seligman, Quinlan & Werner, Bay Shore (David H. Besso of counsel), for respondent.

INGRASSIA, J. P., FLOYD and LEVITT, JJ., concur.


MEMORANDUM.

Final judgment unanimously affirmed without costs.

In this nonpayment proceeding, tenant contended that it had orally modified the terms of the written lease with the prior owner to provide for payment of rent in a manner differing from the written terms of the lease. It argued in the court below that the conduct of the parties herein amounted to a modification of the lease and that, in any event, petitioner...

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