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RITE AID CORP. v. OTIS

514697.

102 A.D.3d 124 (2012)

954 N.Y.S.2d 666

2012 NY Slip Op 7942

In the Matter of RITE AID CORPORATION, Respondent, v. SUSAN OTIS, as Assessor of the Town of Malta, et al., Appellants. (And Two Other Related Proceedings.)

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

November 21, 2012.

Attorney(s) appearing for the Case

Vincelette Law Firm, Albany ( Daniel G. Vincelette of counsel), for appellants.

Jacobson Law Firm, PC, Pittsford ( Robert L. Jacobson of counsel), for respondent.

ROSE, J.P., SPAIN, MALONE JR. and GARRY, JJ., concur.

OPINION OF THE COURT

EGAN JR., J.

Petitioner is the lessee under a 20-year triple net lease of a free-standing retail pharmacy located near exit 11 of Interstate 87 in the Town of Malta, Saratoga County. A local developer purchased the parcel upon which the pharmacy is situated in 2004, entered into a build-to-suit arrangement with Eckerd Corporation — petitioner's predecessor in interest — and thereafter constructed the 13,813-square-foot...

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