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MATTER OF NEW COUNTRY DEVELOPMENT GROUP, INC. v. DEMITASSE, INC.

278 A.D.2d 728 (2000)

718 N.Y.S.2d 107

In the Matter of NEW COUNTRY DEVELOPMENT GROUP, INC., Respondent, v. DEMITASSE, INC., Doing Business as MADELINE'S ESPRESSO BAR, et al., Appellants.

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

Decided December 21, 2000.

Peters, J.

Petitioner owns a building in the City of Saratoga Springs, Saratoga County, which has commercial space located on its first floor. At the time of trial, such space was occupied by Madeline's Espresso Bar, owned by respondent Demitasse, Inc., pursuant to a five-year lease, dated April 26, 1993, which was assigned to it by Kay Owen as tenant and petitioner as landlord (hereinafter the Owen lease). Containing no option to renew, the tenancy was scheduled...

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