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DANDEY CORP. v. NICK'S HIDEAWAY

2008-196 SC.

24 Misc.3d 105 (2009)

DANDEY REALTY CORP., Respondent, v. NICK'S HIDEAWAY, INC., Appellant, et al., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 19, 2009.

Attorney(s) appearing for the Case

Scheyer & Jellenik, Nesconset (Stephen R. Jellenik of counsel), for appellant.

Gerald L. Lotto, Bohemia, for respondent.

TANENBAUM and LACAVA, JJ., concur; RUDOLPH, P.J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Final judgment, insofar as appealed from, reversed without costs and petition dismissed as against tenant Nick's Hideaway, Inc.

In February 2005 landlord and Nick's Hideaway, Inc. (tenant) entered into a 10-year lease, which contemplated use of the subject premises as a restaurant. The premises had been operated as a restaurant for decades and had a certificate of...

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