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MATTER OF MARENE MANAGEMENT GROUP, INC. v. CIA FOOD MARTS, INC.

260 A.D.2d 637 (1999)

687 N.Y.S.2d 273

In the Matter of MARENE MANAGEMENT GROUP, INC., Respondent, v. CIA FOOD MARTS, INC., Appellant.

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

Decided April 26, 1999.

Ordered that the order is affirmed, with costs.

The appellant failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to whether the petitioner was entitled to terminate the appellant's lease based upon the appellant's default in paying its share of the subject property's real estate taxes pursuant to the terms and provisions of the lease and the lease modification...

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