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P.J. 37 FOOD CORP. v. GEORGE DOULAVERIS & SON, INC.

2019-00154. Index No. 18214/13.

189 A.D.3d 858 (2020)

137 N.Y.S.3d 437

2020 NY Slip Op 07207

P.J. 37 Food Corp., Respondent, v. George Doulaveris & Son, Inc., Appellant.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Coran Ober P.C., Flushing, NY ( Steven T. Beard of counsel), for appellant.

Michael W. Holland , Williston Park, NY, for respondent.

Austin, J.P., Leventhal, Roman and Barros, JJ., concur.

Ordered that the order entered November 27, 2018, is affirmed insofar as appealed from, with costs.

The plaintiff, P.J. 37 Food Corp. (hereinafter the tenant), leased a certain commercial property from the defendant, George Doulaveris & Sons, Inc. (hereinafter the owner). The tenant commenced this action for a judgment declaring, inter alia, that it was not in default of the lease. The owner answered and asserted counterclaims. The tenant replied and asserted...

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