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DEER CROSS v. STOP & SHOP

2 Misc.3d 401 (2003)

773 N.Y.S.2d 211

DEER CROSS SHOPPING LLC, Plaintiff, v. STOP & SHOP SUPERMARKET COMPANY, as Successor in Interest to MAYFAIR SUPERMARKETS, INC., as Successor in Interest to FIRST STOP, INC., et al., Defendants.

Supreme Court, New York County.

November 21, 2003.

Attorney(s) appearing for the Case

Lisa M. Solomon, New York City, for plaintiff.

Farrell Fritz, P.C., Uniondale (James M. Wicks and Eric W. Penzer of counsel), for defendants.

OPINION OF THE COURT

HERMAN CAHN, J.

This is a declaratory judgment action seeking to void certain portions of a lease. Plaintiff Deer Cross Shopping LLC moves for partial summary judgment and a declaration that certain portions of the subject lease are void as a matter of law (CPLR 3212). For the reasons stated below, the motion is denied.

Deer Cross is the successor in interest to Paul Slayton, the original owner of a certain property located on...

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