CDC DEVELOPMENT PROPERTIES, INC. v. AMERICAN INDEPENDENT PAPER MILLS SUPPLY COMPANY, INC.

2017-11303. Index No. 51573/15.

184 A.D.3d 623 (2020)

125 N.Y.S.3d 722

2020 NY Slip Op 03215

CDC Development Properties, Inc., Respondent, v. American Independent Paper Mills Supply Company, Inc., Appellant, et al., Defendant.

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

Decided June 10, 2020.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion of the defendant American Independent Paper Mills Supply Company, Inc., which was, in effect, for summary judgment dismissing the breach of contract cause of action insofar as asserted against it and declaring that it did not breach the subject lease by causing the plaintiff to overpay rent is granted, and the matter is remitted to the Supreme Court, Westchester...

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