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DEE CEE ASSOCIATES LLC v. 44 BEEHAN CORP.

2828, 652005/13.

148 A.D.3d 636 (2017)

2017 NY Slip Op 02505

51 N.Y.S.3d 41

DEE CEE ASSOCIATES LLC, Appellant, v. 44 BEEHAN CORP. et al., Respondents, et al., Defendant.

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

Decided March 30, 2017.

Plaintiff landlord, Dee Cee Associates, LLC, (Dee Cee) entered into a lease agreement with defendant tenant 44 Beehan Corp. (44 Beehan) on February 1, 1998, to lease restaurant premises located at 696 Eighth Avenue in New York City. The lease agreement was for a term of fifteen years, commencing on June 1, 1998, and ending on May 31, 2013. The lease agreement rider provided that the annual rent would increase incrementally on an annual basis, from $360,000 for the first year...

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