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ERNIE OTTO CORP. v. INLAND SOUTHEAST THOMPSON MONTICELLO, LLC

504439.

2008 NY Slip Op 06346

ERNIE OTTO CORPORATION, Appellant, v. INLAND SOUTHEAST THOMPSON MONTICELLO, LLC, Defendant, and KIM HINE, Doing Business as KIM'S GIFTS and KIM'S MOUNTAIN GIFT CORPORATION, Respondent.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Ingber & Ingber, L.L.P., Monticello (Keith G. Ingber of counsel), for appellant.

Marvin Newberg, Monticello, for respondent.

Before: Peters, J.P., Spain, Carpinello, Lahtinen and Malone Jr., JJ.

MEMORANDUM AND ORDER

CARPINELLO, J.

Pertinent background concerning the instant dispute is set forth in a prior decision of this Court and will not be repeated at length (28 A.D.3d 911 [2006]). Briefly, plaintiff, a mall tenant which operates a greeting card store, commenced this action against the mall owner and another tenant, Kim's Mountain Gift Corporation, which operates a gift store, alleging breach of a restrictive...

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