GRENADEIR PARKING CORP. v. LANDMARK ASSOCIATES


283 A.D.2d 379 (2001)

726 N.Y.S.2d 80

GRENADEIR PARKING CORP., Appellant, v. LANDMARK ASSOCIATES, Respondent.

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

Decided May 31, 2001.


Under the lease, the tenant is obligated to periodically pay a percentage of its operating profit to the landlord, and, in order to allow the landlord to verify the tenant's accounting of such profit, the tenant is required to keep and maintain certain records for six years, and to deliver them to the landlord at specified times and places. The landlord is entitled to a declaration as to whether the tenant is in breach of the lease by reason of its failure to deliver the...

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