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2001 COMMERCE STREET CORP. v. STAR ENTERPRISE

14 A.D.3d 504 (2005)

788 N.Y.S.2d 149

2001 COMMERCE STREET CORP., Appellant, v. STAR ENTERPRISE et al., Respondents.

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

January 10, 2005.

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

The plaintiff entered into a lease whereby the defendant Star Enterprise agreed to raze and rebuild a gasoline station on the plaintiff's property. The rider to the lease agreement stated that the tenant would construct a gasoline station and food mart in accordance with a site plan dated September 23, 1994. The plaintiff commenced this action against Star Enterprise and its assignees, alleging...

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