FRANCAR CO. v. EILEEN AND LARRY AUSTIN REAL ESTATE CORP.


261 A.D.2d 574 (1999)

688 N.Y.S.2d 921

FRANCAR CO., Appellant, v. EILEEN AND LARRY AUSTIN REAL ESTATE CORP., Defendant, and AUSTIN TRAVEL CORP., Respondent.

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

Decided May 24, 1999.


Ordered that the order is affirmed, with costs.

The lease names only the defendant Eileen and Larry Austin Real Estate Corp. as the tenant. The defendant Austin Travel Corp. thus made out a prima facie case that it was not a tenant and that it therefore bore no liability for damages resulting from a breach of the lease. The evidence which the plaintiff submitted in opposition to the motion failed to raise a triable issue of fact (see, CPLR...

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