PETERSON v. COMMERCE STREET PROPERTIES, INC.


49 A.D.3d 836 (2008)

854 N.Y.S.2d 494

OWEN J. PETERSON et al., Appellants, v. COMMERCE STREET PROPERTIES, INC., Respondent.

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

Decided March 25, 2008.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry, after an inquest on damages on the defendant's counterclaim, of a judgment, inter alia, declaring that the subject contract is not null and void.

In 1974 the plaintiffs purchased stock from, and entered into a lease with, the defendant corporation to operate an auto parts store in the mini-mall that constituted the corporation's sole...

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