Great Neck Plaza, L.P. v. Le Peep International, Inc.
Opinion of the Court
—In an action to recover damages for breach of a lease, the defendants Le Peep International, Inc., and Le Peep Grills, Inc., appeal from an order of the Supreme Court, Nassau County (Roberto, J.), dated January 30, 1998, which granted the plaintiffs motion for summary judgment against them.
Ordered that the order is affirmed, with costs.
On October 30, 1985, the appellants leased premises in a mall owned by the plaintiff. The appellants stopped paying rent in February 1991 and vacated the premises in April 1991. The plaintiff commenced this action seeking, among other things, to recover the rent for the balance of the term pursuant to the lease. The appellants interposed an affirmative defense stating that they were constructively evicted and thus not liable for the unpaid rent. The plaintiff subsequently moved for summary judgment against the appellants and the Supreme Court granted the motion.
Upon the plaintiffs prima facie showing of entitlement to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.