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

2018-11925. Index No. 614868/18.

195 A.D.3d 828 (2021)

145 N.Y.S.3d 842

2021 NY Slip Op 03835

Matter of Islip Theaters, LLC, Respondent, v. Landmark Plaza Properties Corp., Appellant.

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

Decided June 16, 2021.

Attorney(s) appearing for the Case

Glenn T. Nugent, P.C., Amityville, NY, for appellant.

William R. Garbarino , Sayville, NY ( Donald R. Hamill of counsel), for respondent.

Chambers, J.P., Miller, Barros and Christopher, JJ., concur.

Ordered that the order and judgment is affirmed, with costs.

The petitioner, Islip Theaters, LLC (hereinafter the tenant), leases real property in Sayville from the respondent, Landmark Plaza Properties Corp. (hereinafter the landlord), on which the tenant operates a movie theater. In determining renewal rent under the lease, the tenant contested the landlord's appraisal and obtained its own appraisal, which differed from the landlord's appraisal. After the parties...

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