TERI-NICHOLS INDUSTRIAL FOOD MERCHANTS, LLC v. ELK HORN HOLDING CORP.


37 A.D.3d 198 (2007)

829 N.Y.S.2d 478

TERI-NICHOLS INDUSTRIAL FOOD MERCHANTS, LLC, Respondent, v. ELK HORN HOLDING CORP., Appellant.

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

Decided February 8, 2007.


Plaintiff subleased space from defendant in the Hunts Point Market at a base rent of $29,571.70 under a December 2002 sublease that, as extended, expired on January 31, 2006. The language customarily inserted into a rental agreement rendering oral modification of the instrument ineffective is limited in the sublease to a guaranty of payment provision. Should plaintiff hold over, the extended sublease provides for payment of 1.5 ...

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