The court properly determined that plaintiff breached the subject lease since plaintiff admitted that it failed to maintain the records required by the lease for the contractually mandated time period. Contrary to plaintiff's contention, a percentage payment requirement such as the one in its lease with defendant is an integral part of a lease agreement and plaintiff's breach of that provision was material (see, S.E. Nichols, Inc. v American Shopping Ctrs.,
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GRENADEIR PARKING CORP. v. LANDMARK ASSOCIATES
294 A.D.2d 313 (2002)
743 N.Y.S.2d 95
GRENADEIR PARKING CORP., Appellant-Respondent, v. LANDMARK ASSOCIATES, Respondent-Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 30, 2002.
Decided May 30, 2002.
Appellate Division of the Supreme Court of the State of New York, First Department.
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