RITE AID OF NEW YORK, INC. v. CHALFONTE REALTY CORP.

9743, 651329/12.

105 A.D.3d 470 (2013)

963 N.Y.S.2d 178

2013 NY Slip Op 2349

RITE AID OF NEW YORK, INC., et al., Respondents, v. CHALFONTE REALTY CORP., Appellant.

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

Decided April 9, 2013.


Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered August 17, 2012, which, to the extent appealed from, denied defendant's motion to dismiss the first cause of action, unanimously affirmed, with costs.

Plaintiffs adequately alleged that they did not possess the information necessary to determine that they had been overcharged under the provision of the parties' commercial lease relating to real estate taxes until 2012, and the documentary evidence...

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