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E-Z EATING 41 CORP. v. H.E. NEWPORT, LLC

653654/12, 8852, 8851.

171 A.D.3d 415 (2019)

97 N.Y.S.3d 101

2019 NY Slip Op 02458

E-Z Eating 41 Corp. et al., Respondents, v. H.E. Newport, LLC, et al., Appellants.

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

Decided April 2, 2019.

In September 2008, plaintiffs commenced an action alleging that defendants had informed them that plaintiff tenant E-Z Eating 41 Corp. (EZ41) was obligated under the lease to operate a Burger King on the premises, and seeking, inter alia, a declaration that EZ41 could operate a non-Burger-King fast-food burger restaurant consistent with the lease. The instant complaint, which alleges, inter alia, wrongful eviction, does not allege that defendants physically expelled EZ41...

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