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WEAVER STREET PROPERTIES, LLC v. COLD STONE CREAMERY, INC.

63 A.D.3d 1044 (2009)

882 N.Y.S.2d 233

WEAVER STREET PROPERTIES, LLC, Appellant, v. COLD STONE CREAMERY, INC., Respondent.

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

Decided June 23, 2009.

Ordered that the order is affirmed, with costs.

In June 2006 the plaintiff landlord and the defendant tenant entered into a commercial lease for a period of 10 years. The lease provided, in pertinent part, that the defendant's liability for nonpayment of rent would not exceed an aggregate amount equal to the base rent for 12 months or the remainder of the rent due pursuant to the lease, whichever was less. The lease also provided that in the event the defendant ceased...

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