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SEE WHY GERARD, LLC v. GRAMRO ENTERTAINMENT CORPORATION

513369.

94 A.D.3d 1205 (2012)

941 N.Y.S.2d 350

2012 NY Slip Op 2550

SEE WHY GERARD, LLC, Appellant, v. GRAMRO ENTERTAINMENT CORPORATION, Doing Business as THE COMEDY WORKS, et al., Respondents.

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

Decided April 5, 2012.

STEIN, J.

In December 2003, defendant Gramro Entertainment Corporation (hereinafter defendant) entered into a 61-month lease for banquet hall space located in the DeWitt Clinton building in the City of Albany. Defendants Thomas J. Nicchi and Thomas V. Nicchi guaranteed the lease. The building was subsequently sold to plaintiff and defendant's lease was assigned to plaintiff. Plaintiff offered to pay defendant to vacate the premises so that

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