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KASSAB v. MARCO SHOES INC.

282 A.D.2d 316 (2001)

723 N.Y.S.2d 352

DAVID KASSAB et al., Appellants, v. MARCO SHOES INC., Also Known as MARKO SHOES INC., et al., Respondents.

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

Decided April 17, 2001.

The awards of summary judgment were proper in light of the plain meaning of the subject sublease agreement pursuant to which plaintiff over tenant Paris Fashion accorded defendant subtenant Marco Shoes Inc. exclusive possession of the premises (see, Pharmaceutical Horizons v Sterling Drug, 127 A.D.2d 514, 515, lv dismissed 69 N.Y.2d 984). Plaintiffs failed to raise any issue as to whether the sublease was tainted by misrepresentation...

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