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STAPLES THE OFFICE SUPERSTORE EAST, INC. v. FLUSHING TOWN CTR. III, L.P.

2011-02656.

90 A.D.3d 638 (2011)

933 N.Y.S.2d 732

2011 NY Slip Op 8927

STAPLES THE OFFICE SUPERSTORE EAST, INC., Respondent, v. FLUSHING TOWN CENTER III, L.P., Appellant.

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

Decided December 6, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that (a) BJ's Wholesale Club is not a national retailer within the meaning of the lease's cotenancy requirement, (b) the defendant landlord failed to satisfy the cotenancy requirement of section 14.18 of the subject lease, (c) the plaintiff tenant properly served a cotenancy termination notice, (d) the...

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