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RPAI PELHAM MANOR, LLC v. TWO TWENTY FOUR ENTERPRISES, LLC

2014-05140, Index No. 51910/13.

144 A.D.3d 1125 (2016)

2016 NY Slip Op 08060

42 N.Y.S.3d 267

RPAI PELHAM MANOR, LLC, as Successor in Interest to ACADIA PELHAM MANOR, LLC, Respondent, v. TWO TWENTY FOUR ENTERPRISES, LLC, Appellant.

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

Decided November 30, 2016.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In March 2008, the defendant entered into an agreement with Acadia Pelham Manor, LLC (hereinafter Acadia), to lease space in a shopping center. In January 2011, subsequent to the settlement of a summary proceeding brought against the defendant predicated upon nonpayment of rent, the defendant and Acadia executed an amendment to the lease. The amendment provided, inter alia, that Acadia waived...

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