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IRA & LARRY WEINSTEIN, LLC v. SMART SMR OF N.Y., INC.

2016-12242. Index No. 501858/16.

163 A.D.3d 641 (2018)

76 N.Y.S.3d 833

2018 NY Slip Op 05146

Ira and Larry Weinstein, LLC, Appellant, v. Smart SMR of New York, Inc., Doing Business as Nextel Communications et al., Respondents.

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

Decided July 11, 2018.

Ordered that the order is affirmed, with costs.

In May 1995, the plaintiff's predecessor in interest, as lessor, entered into a lease with the defendant Smart SMR of New York, Inc., doing business as Nextel Communications (hereinafter Nextel), as lessee, pursuant to which the plaintiff's predecessor leased to Nextel the right to install telecommunications equipment on premises owned by the plaintiff. In February 2016, the...

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