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DINNER CLUB CORP. v. HAMLET ON OLDE OYSTER BAY HOMEOWNERS ASSOCIATION, INC.

21 A.D.3d 777 (2005)

801 N.Y.S.2d 25

DINNER CLUB CORP., Doing Business as ARECA, Respondent, v. HAMLET ON OLDE OYSTER BAY HOMEOWNERS ASSOCIATION, INC., et al., Appellants, et al., Defendant.

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

September 15, 2005.

Plaintiff operates a restaurant and catering service at the Hamlet on Olde Oyster Bay, a gated community in Plainview, New York,* pursuant to a lease with the Hamlet on Olde Oyster Bay Homeowners Association. In September 2004, the homeowners association ceased paying to plaintiff the monthly minimum food and beverage charge to which plaintiff is entitled under the lease. By order to show cause dated November 30, 2004, plaintiff sought to enjoin...

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