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SHREE SHIV SHAKTI CORP. v. KHALID PROPS., LLC

515810.

106 A.D.3d 1434 (2013)

967 N.Y.S.2d 151

2013 NY Slip Op 3906

SHREE SHIV SHAKTI CORPORATION, Doing Business as WONDERLAND FARMS, Respondent, v. KHALID PROPERTIES, LLC, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. BABULAL PATEL, Third-Party Defendant-Respondent.

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

Decided May 30, 2013.

Garry, J.

In October 2002, plaintiff entered into a renewable five-year lease agreement with defendant VSH Realty, a division of Cumberland Farms, Inc., to lease premises located in the City of Troy, Rensselaer County, upon which plaintiff operated a gas station and convenience mart. Third-party defendant, Babulal Patel — plaintiff's president and sole shareholder — signed both the lease and a "Guaranty"...

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