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KIRBY'S GRILL, INC. v. PLAZA

272 A.D.2d 978 (2000)

708 N.Y.S.2d 654

KIRBY'S GRILL, INC., Appellant, v. WESTVALE PLAZA et al., Respondents.

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

Decided May 10, 2000.

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff commenced this action seeking declaratory and injunctive relief in connection with its rights to use certain areas and facilities that allegedly fall within the definition of "common areas and common facilities" in its lease with defendant Westvale Plaza. Following...

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