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3607 BROADWAY REALTY, LLC v. 3607 BWY FOOD CTR. INC.

8862N, 654443/13.

171 A.D.3d 421 (2019)

98 N.Y.S.3d 11

2019 NY Slip Op 02467

3607 Broadway Realty, LLC, Respondent-Appellant, v. 3607 BWY Food Center Inc., Also Known as 3607 Broadway Food Center, Inc., Doing Business as "Superior Market Carniceria," et al., Appellants-Respondents.

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

Decided April 2, 2019.

Plaintiff was entitled to summary judgment on its claim that defendants' failure to leave the premises in broom clean condition constituted a breach of the lease. The parties' December 21, 2012 stipulation did not vitiate defendants' obligation under the lease to leave the premises in broom clean condition because the stipulation did not express "`a clear expression of intent to modify' the lease or an expression of waiver concerning...

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