It is hereby ordered that the judgment and order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
In 1991 defendant Plane's Cayuga Vineyard, Inc. (PCV) sold a winery business to plaintiff, Markan Corporation, excepting approximately 16 acres of land (hereinafter, parcel). PCV leased the parcel to plaintiff pursuant to a 10-year lease that expired on April 30, 2001 and continued to own contiguous property in addition...
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