TAPPAN GOLF DRIVE RANGE, INC. v. TAPPAN PROPERTY, INC.

1648, 603134/02

68 A.D.3d 440 (2009)

2009 NY Slip Op 8963

889 N.Y.S.2d 580

TAPPAN GOLF DRIVE RANGE, INC., Appellant, v. TAPPAN PROPERTY, INC., Respondent.

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

Decided December 3, 2009.


In April 1995, plaintiff leased a golf driving range from defendant for a term of 18 years. As required by the lease, plaintiff gave defendant a security deposit of $350,000. Plaintiff admittedly failed to pay school taxes owed on or about August 14, 1996, in violation of lease provisions which required it to pay those taxes as "additional rent." Consequently, on September 4, 1996, defendant obtained a possessory judgment in the Justice Court for the Town of Orangetown, Rockland...

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