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SEARS HOLDINGS CORP. v. LAKE PLAZA SHOPPING CENTER, LLC

2014-06176, Index No. 1145/11.

143 A.D.3d 969 (2016)

2016 NY Slip Op 07015

40 N.Y.S.3d 449

SEARS HOLDINGS CORPORATION et al., Respondents, v. LAKE PLAZA SHOPPING CENTER, LLC, Appellant.

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

Decided October 26, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Putnam County, for the entry of a judgment, inter alia, declaring that the plaintiffs cured any alleged breach of the parties' sublease.

As the Supreme Court properly determined, the plaintiffs cured any alleged breach of a provision in a sublease between the parties requiring them to maintain liability...

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