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LAS PALMERAS DE OSSINING RESTAURANT, INC. v. MIDWAY CENTER CORPORATION

2012-03223, (Index No. 17824/09).

107 A.D.3d 854 (2013)

968 N.Y.S.2d 118

2013 NY Slip Op 4580

LAS PALMERAS DE OSSINING RESTAURANT, INC., Appellant-Respondent, v. MIDWAY CENTER CORPORATION, Respondent-Appellant.

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

Decided June 19, 2013.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the defendant's cross motion for summary judgment on its first counterclaim declaring that it properly terminated the lease and, in connection with the first cause of action, declaring that the proper termination of the lease relieved it of the obligation to repair and restore the subject premises, and substituting therefor a provision granting...

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