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RLR REALTY CORP. v. DUANE READE, INC.

2369, 159509/14.

145 A.D.3d 444 (2016)

2016 NY Slip Op 08119

42 N.Y.S.3d 148

RLR REALTY CORP., Appellant, v. DUANE READE, INC., et al., Respondents.

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

Decided December 1, 2016.

Plaintiff, as landlord, leased the subject premises to nonparty B&P Pharmacy, Inc. (B&P), for use, as stated in the lease, as a "pharmacy and general merchandise" business. The lease expired on July 31, 2013. B&P thereafter tendered, and plaintiff accepted, rent, at the last effective rate under the expiring lease, for the months of August through October 2013, thereby creating a month-to-month tenancy during that time...

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