OLIM REALTY CORP. v. BIG JOHN'S MOVING, INC.


250 A.D.2d 744 (1998)

673 N.Y.S.2d 439

Olim Realty Corporation, Respondent, v. Big John's Moving, Inc., et al., Appellants

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

May 18, 1998


Ordered that the order is affirmed insofar as appealed from, with costs.

In October 1993, the plaintiff landlord entered into a five-year commercial lease with the defendant tenant Big John's Moving, Inc. The undisputed evidence in the record establishes that the tenant failed to make the required monthly rental payments beginning in January 1995 and abandoned the premises in March 1995. Pursuant to the express provisions of the lease, the landlord was therefore entitled...

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