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STUART REALTY CO. v. RYE COUNTRY STORE, INC.

296 A.D.2d 455 (2002)

745 N.Y.S.2d 72

STUART REALTY CO. et al., Appellants, v. RYE COUNTRY STORE, INC., et al., Respondents.

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

Decided July 8, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

In June 1999 the plaintiff Stuart Realty Co. commenced an action in the City Court of the City of Rye to recover unpaid rent due from the defendant Rye Country Store, Inc. (hereinafter Rye Country). The parties entered into a settlement agreement pursuant to which Rye Country paid $10,000 to Stuart Realty Co. The...

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