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45-02 FOOD CORP. v. 45-02 43RD REALTY LLC

37 A.D.3d 522 (2007)

830 N.Y.S.2d 304

45-02 FOOD CORP., Respondent-Appellant, v. 45-02 43RD REALTY LLC, Appellant-Respondent.

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

Decided February 13, 2007.

Ordered that the order is modified, on the law, (1) by deleting the provisions thereof denying that branch of the plaintiff's motion which was for summary judgment declaring that it is not required to pay additional rent to the defendant calculated as a percentage of the sales of the plaintiff's subtenant and granting that branch of the defendant's cross motion which was for summary judgment declaring that the plaintiff is required to pay additional rent to the defendant...

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