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LAMMON v. BAYBERRY SQ., LLC

532265.

200 A.D.3d 1170 (2021)

160 N.Y.S.3d 377

2021 NY Slip Op 06736

Sara Lammon, Plaintiff, v. Bayberry Square, LLC, Defendant and Third-Party Plaintiff-Respondent; Pet Spas of America, Inc., et al., Third-Party Defendants-Appellants.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Burke, Scolamiero & Hurd, LLP, Albany ( Steven V. DeBraccio of counsel), for third-party defendants-appellants.

Law Offices of John Wallace, Albany ( Murry S. Brower of counsel), for defendant and third-party plaintiff-respondent.

Garry, P.J., Lynch, Clark and Colangelo, JJ., concur.

In November 2004, third-party defendant Tracy J. Muscatello, on behalf of third-party defendant Pet Spas of America, Inc., entered into a lease agreement with defendant to operate a boarding, day care and pet grooming facility. The lease agreement was later amended in August 2009 and July 2014 to extend the lease period. The facility...

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