GREAT NECK PLAZA, L.P. v. LE PEEP INTERNATIONAL, INC.


260 A.D.2d 434 (1999)

686 N.Y.S.2d 722

GREAT NECK PLAZA, L.P., Respondent, v. LE PEEP INTERNATIONAL, INC., et al., Appellants, et al., Defendant.

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

Decided April 12, 1999.


Ordered that the order is affirmed, with costs.

On October 30, 1985, the appellants leased premises in a mall owned by the plaintiff. The appellants stopped paying rent in February 1991 and vacated the premises in April 1991. The plaintiff commenced this action seeking, among other things, to recover the rent for the balance of the term pursuant to the lease. The appellants interposed an affirmative defense stating that they were constructively evicted and thus not...

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