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SHELVIN PLAZA ASSOCIATES v. LEW LEIBERBAUM HOLDINGS CO.,

18 A.D.3d 730 (2005)

796 N.Y.S.2d 113

SHELVIN PLAZA ASSOCIATES, LLC, Formerly Known as SHELVIN PLAZA ASSOCIATES, Respondent, v. LEW LEIBERBAUM HOLDINGS CO., INC., et al., Appellants.

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

May 23, 2005.

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

The plaintiff landlord and the defendant Lew Lieberbaum Holdings Co., Inc. (hereinafter LLHC), entered into a lease pursuant to which LLHC rented premises in the plaintiff's building. The lease covered the period from May 1, 1994 through April 30, 2002. Under the terms of the lease, in the event LLHC was dispossessed by a summary proceeding, LLHC was to pay the plaintiff liquidated damages which...

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