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PS FOOD CORP. v. GRANVILLE PAYNE RETAIL, LLC

2014-11141, Index No. 16438/13.

140 A.D.3d 1046 (2016)

34 N.Y.S.3d 158

2016 NY Slip Op 04926

PS FOOD CORP., Appellant, v. GRANVILLE PAYNE RETAIL, LLC, Respondent.

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

Decided June 22, 2016.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The plaintiff entered into a 26-year lease with the defendant. The plaintiff leased the first floor and the basement of a seven-story condominium building, and operates a Key Food Supermarket in the leased space. After receiving a notice of default and then a notice of termination of the lease from the defendant, the plaintiff commenced this action, inter alia, for a judgment declaring...

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