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MID VALLEY ASSOCIATES, LLC v. FOOT LOCKER SPECIALTY, INC.

28 A.D.3d 206 (2006)

812 N.Y.S.2d 511

MID VALLEY ASSOCIATES, LLC, Appellant, v. FOOT LOCKER SPECIALTY, INC., Formerly Known as F.W. WOOLWORTH CO., Respondent.

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

April 4, 2006.

In this action against a tenant for unpaid rent, the motion court properly found that plaintiff had recognized defendant's assignee as the new tenant under the lease by accepting rent from it directly and granting it an additional renewal not included in the lease, thus releasing the original tenant, by operation of law, from its obligation to pay rent (cf. 185 Madison Assoc. v. Ryan, 174 A.D.2d 461

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