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ISLIP THEATERS, LLC v. LANDMARK PLAZA PROPS. CORP.

2017-06595. Index Nos. 12315/15, 606246/17.

183 A.D.3d 872 (2020)

2020 NY Slip Op 03002

Islip Theaters, LLC, Respondent, v. Landmark Plaza Properties Corp., Appellant, et al., Defendants. (Action No. 1.) Islip Theaters, LLC, Respondent, v. Landmark Plaza Properties Corp., Appellant. (Action No. 2.)

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

Decided May 27, 2020.

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

The plaintiff, Islip Theaters, LLC, leases certain premises from the defendant Landmark Plaza Properties Corp. (hereinafter the landlord), in which the plaintiff operates a movie theater. In 2015, the plaintiff commenced an action alleging rent overcharges. That action was consolidated with another action commenced by the plaintiff seeking a Yellowstone injunction (see First Natl. Stores...

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