NEW HORIZONS AMUSEMENT ENTERPRISES, INC. v. ZULLO


301 A.D.2d 825 (2003)

754 N.Y.S.2d 98

NEW HORIZONS AMUSEMENT ENTERPRISES, INC., Appellant-Respondent, v. LEONARD ZULLO et al., Individually and as Partners in YE OLE TERWILLIGER FARMS, Respondents-Appellants.

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

Decided January 16, 2003.


Crew III, J.P.

On April 20, 1995, plaintiff entered into a lease with defendants for the purpose of developing a miniature golf course on defendant's property along State Route 50 in the Town of Glenville, Schenectady County. The lease contained a covenant against encumbrances and provided, inter alia, for a $10,000 refundable retainer upon execution of the agreement to be applied to the first year's rent. Monthly rental payments

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