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SHOPRITE SUPERMARKETS, INC. v. YONKERS PLAZA SHOPPING, LLC

29 A.D.3d 564 (2006)

817 N.Y.S.2d 291

SHOPRITE SUPERMARKETS, INC., Appellant, v. YONKERS PLAZA SHOPPING, LLC, Also Known as YONKERS PLAZA SHOPPING CENTER, LLC, Respondent.

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

May 2, 2006.

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

The plaintiff, ShopRite Supermarkets, Inc., commenced this action against the defendant, Yonkers Plaza Shopping, LLC, also known as Yonkers Plaza Shopping Center, LLC, its landlord, inter alia, for a judgment declaring that a rent demand and notice to cure sent by the defendant to the plaintiff were defective, and null and void. The plaintiff moved for summary judgment on its first, third, and...

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