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KOSOWSKY v. WILLARD MOUNTAIN, INC.

512566.

90 A.D.3d 1127 (2011)

934 N.Y.S.2d 545

2011 NY Slip Op 8709

PHILIP KOSOWSKY, JR., et al., Respondents-Appellants, v. WILLARD MOUNTAIN, INC., et al., Appellants-Respondents.

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

Decided December 1, 2011.

GARRY, J.

Defendant Willard Mountain, Inc. (hereinafter WMI) operates a ski and winter sports area on real property owned by plaintiffs in the Town of Easton, Washington County. In 1958, plaintiffs' predecessor in interest leased the property to WMI for a 99-year term under an agreement that, among other things, provides for rental payments computed as a percentage of WMI's sales and income, requires WMI to provide plaintiffs with an annual accounting, and prohibits...

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