MILKIE v. GUZZONE

2014-07422, Index No. 3050/12.

143 A.D.3d 863 (2016)

2016 NY Slip Op 06806

39 N.Y.S.3d 243

ROBERT MILKIE, Successor in Interest to JCR FITNESS, INC., Appellant, v. MINDY GUZZONE et al., Respondents.

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

Decided October 19, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the fourth cause of action is granted.

In 2007, JCR Fitness, Inc. (hereinafter JCR), entered into a lease for real property with the defendant Mindy Guzzone for the purpose of opening a fitness center. The plaintiff, Robert

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