ORIBURGER, INC. v. B.W.H.N.V. ASSOCIATES


305 A.D.2d 275 (2003)

760 N.Y.S.2d 444

ORIBURGER, INC., Appellant, v. B.W.H.N.V. ASSOCIATES, Respondent.

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

Decided May 22, 2003.


Plaintiff has owned and operated a restaurant at 325 Fifth Avenue since January 1980, when it entered into a 10-year lease of the premises. In 1981, the parties extended the lease another 10 years, to January 2000, and agreed that, "in the event that the landlord shall desire to demolish the premises in which this leasehold forms a part," it could terminate the lease upon one year's notice to plaintiff and payment of $300,000. In 1988, the parties extended the lease again...

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