BURNSIDE 711, LLC v. NASSAU REGIONAL OFF-TRACK BETTING CORP.

2008-09483.

67 A.D.3d 718 (2009)

888 N.Y.S.2d 212

2009 NY Slip Op 08169

BURNSIDE 711, LLC, Appellant, v. NASSAU REGIONAL OFF-TRACK BETTING CORP., Respondent.

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

Decided November 10, 2009.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendant is not obligated to begin paying rent under the subject lease "no later than May 14, 2008," and that the subject lease is invalid.

The plaintiff, as owner/landlord, and the defendant, a regional off-track betting corporation, as tenant, entered into a lease for certain premises located in Lawrence...

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