It is hereby ordered that the order so appealed from is modified on the law by granting the cross motion, granting judgment in favor of plaintiff and against defendant on the first cause of action, vacating the second ordering paragraph and dismissing the counterclaim and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Niagara County, for further proceedings in accordance with the following
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T.L.C. WEST, LLC v. FASHION OUTLETS OF NIAGARA, LLC
60 A.D.3d 1422 (2009)
875 N.Y.S.2d 367
T.L.C. WEST, LLC, Doing Business as APPLEBEE'S NEIGHBORHOOD GRILL & BAR, Appellant-Respondent, v. FASHION OUTLETS OF NIAGARA, LLC, Respondent-Appellant.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
Decided March 20, 2009.
Decided March 20, 2009.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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