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EAST AURORA COOP. MKT., INC. v. RED BRICK PLAZA LLC

273 CA 20-00709.

197 A.D.3d 874 (2021)

153 N.Y.S.3d 252

2021 NY Slip Op 04806

East Aurora Cooperative Market, Inc., Respondent-Appellant, v. Red Brick Plaza LLC, Appellant-Respondent. (Appeal No. 2.).

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

HARRIS BEACH PLLC, BUFFALO ( ALLISON B. FIUT OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

WEBSTER SZANYI LLP, BUFFALO ( MICHAEL P. McCLAREN OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present —Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: In 2014, plaintiff entered into a lease agreement (Lease) with defendant, the owner and landlord of a commercial building in East Aurora (Property). Plaintiff began renovating the Property, and the assessed value of the Property increased in 2016 and 2017. Defendant then applied for and obtained a business investment exemption for the Property based...

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