Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment, inter alia, making an appropriate declaration in favor of the defendant, in accordance herewith.
The plaintiff, as tenant, entered into a commercial lease agreement with the defendant, whereby the plaintiff leased premises on which a retail gasoline station was operated. As alleged in the complaint,...
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