2 NORTH BROADWAY FOOD, INC. v. GETTY SQUARE REALTY, LLC


4 A.D.3d 351 (2004)

771 N.Y.S.2d 526

2 NORTH BROADWAY FOOD, INC., Appellant, v. GETTY SQUARE REALTY, LLC, Respondent.

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

February 2, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant landlord demonstrated in its motion for summary judgment that, as a matter of law, the plaintiff tenant defaulted in its performance under the parties' lease. The plaintiff committed numerous violations as cited by the Yonkers Department of Housing and Buildings which led to a court-ordered closure of the premises due to the imminent danger posed to "the occupants [and] any customers...

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