7218, 300939/11.

99 A.D.3d 517 (2012)

952 N.Y.S.2d 506

2012 NY Slip Op 6836

DABRIEL, INC., et al., Respondents, v. FIRST PARADISE THEATERS CORP., Appellant.

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

October 11, 2012.

Defendant is the owner of the former Loew's Paradise Movie Theater in the Bronx. Plaintiff Dabriel, Inc., is the current tenant of the theater. Plaintiff Gabriel Boter is Dabriel's principal. In or about 2003, an entity controlled by Boter, Paradise Theater Productions (Productions), entered into a lease with defendant for the premises commencing on March 1, 2004 (the 2003 lease). The 2003 lease provided that defendant would perform certain work at the premises, including...

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