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CPMI, INC. v. KOLAJ

65 A.D.3d 605 (2009)

CPMI, INC., Respondent, v. PAUL N. KOLAJ et al., Appellants, et al., Defendant.

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

Decided August 18, 2009.

Ordered that the judgment is affirmed, with costs.

The defendant Paul N. Kolaj (hereinafter Kolaj) entered into two commercial leases on behalf of 342 So. State Pizza Corp. with the plaintiff, the managing agent for the subject premises. Pursuant to the leases, the restaurant to be operated on the premises was to be opened within 120 days after the execution of the leases, and if it was not, the tenant would be obligated to pay the plaintiff additional rent in the...

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