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COLGATE INN, LLC v. EBERHARDT, LLC

533412.

206 A.D.3d 1197 (2022)

171 N.Y.S.3d 183

2022 NY Slip Op 03784

Colgate Inn, LLC, Respondent, v. Eberhardt, LLC, Appellant. (And a Third-Party Action.).

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

Decided June 9, 2022.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, LLP, Binghamton ( Marina Resciniti , of counsel), for appellant.

Bond, Schoeneck & King, PLLC, Syracuse ( J.P. Wright , of counsel), for respondent.

Clark, Aarons, Colangelo and McShan, JJ., concur.

Plaintiff owns the Colgate Inn—a historic hotel, banquet venue and restaurant in Madison County that has been operating for over 95 years and is adjacent to Colgate University, which is the sole member of plaintiff. In 2004, the parties entered into a lease agreement under which defendant, in exchange for rental payments, took...

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