VANDALE L.P. v. LIBERTY CHEVROLET INC.

8336, 16108/07.

99 A.D.3d 585 (2012)

953 N.Y.S.2d 17

2012 NY Slip Op 7040

VANDALE LIMITED PARTNERSHIP, Respondent, v. LIBERTY CHEVROLET INC., Doing Business as BRONX HONDA and Another, Appellant.

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

October 18, 2012.


In this action to recover liquidated damages under a license/ lease agreement for holding over past the noticed termination date, the motion court correctly found that landlord rightfully terminated tenant's use of its space pursuant to the parties' agreement which did not provide for termination only at the end of the month-to-month term. In any event tenant vacated the premises and possession of the premises is no longer an issue.

On its motion for summary judgment...

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