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HEALTHY CHOICE INC. v. GF HOSP.

EF2020-68127.

70 Misc.3d 913 (2020)

138 N.Y.S.3d 833

2020 NY Slip Op 20337

HEALTHY CHOICE CONCEPTS INC., Plaintiff, v. GLENS FALLS HOSPITAL, Defendant.

Supreme Court, Warren County.

Decided December 16, 2020.

Attorney(s) appearing for the Case

Fitzgerald Morris Baker Firth, P.C., Glens Falls ( Michael Crowe , of counsel), for plaintiff.

McPhillips, Fitzgerald & Cullum, LLP, Glens Falls ( Eric C. Schwenker , of counsel), for defendant.

OPINION OF THE COURT

On April 27, 2012, plaintiff Healthy Choice Concepts Inc.— operating as Au Bon Pain Restaurant—entered into a commercial lease agreement with defendant Glens Falls Hospital. As set forth in section 1.2 of the agreement, plaintiff leased "2,700 square feet of ground space in the Glens...

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