CENTRE GREAT NECK, LLC v. RITE AID CORPORATION


292 A.D.2d 484 (2002)

739 N.Y.S.2d 420

CENTRE GREAT NECK, LLC, Appellant, v. RITE AID CORPORATION, Respondent.

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

Decided March 18, 2002.


Ordered that upon searching the record, the order is modified by adding a provision thereto granting partial summary judgment to the defendant dismissing so much of the complaint as sought to recover rent for the period after the issuance of a warrant of eviction; as so modified, the order is affirmed, with costs to the defendant.

The defendant, Rite Aid Corporation, was the guarantor on a 10-year lease under which Penn Encore, Inc. (hereinafter Penn Encore), was...

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