BENDERSON v. WIPER CHECK INC.


266 A.D.2d 903 (1999)

697 N.Y.S.2d 448

RONALD BENDERSON et al., as Trustees Under a Trust Agreement Dated October 14, 1985, Known as the BENDERSON 85-1 TRUST, Appellants, v. WIPER CHECK INC., Respondent.

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

Decided November 12, 1999.


Judgment reversed on the law with costs, cross motion denied, motion granted and judgment granted in accordance with the following Memorandum: Supreme Court should have granted plaintiffs' motion for summary judgment and declared that plaintiffs had the right to relocate defendant under the terms of the parties' lease agreement. The record establishes that in July 1992 plaintiffs leased premises at their shopping center to defendant for a period of five years with an option...

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