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BARLEEN, LLC v. S & K CONVENIENCE, INC.

2007-09916.

2008 NY Slip Op 06183

BARLEEN, LLC, ET AL., respondents, v. S & K CONVENIENCE, INC., ET AL., appellants.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Quadrino Schwartz, Garden City, N.Y. (Evan S. Schwartz and Harold J. Levy of counsel), for appellants.

Salamon, Gruber, Blaymore & Strenger, P.C., Roslyn Heights, N.Y. (Sanford Strenger of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

In 2004 the defendants entered into separate Lease and Purchase Agreements with the plaintiff Barleen, LLC (hereinafter Barleen), which is the owner of the subject property, and the plaintiff D.L. Hart and Co., Inc. (hereinafter Hart), regarding the lease and operation of a gas station. Pursuant to the Purchase Agreement, the defendant S & K Convenience, Inc...

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