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Supreme Court, Nassau County, December 15, 2003
APPEARANCES OF COUNSEL
Heller, Horowitz & Fiet, P.C., New York City (Maurice W. Heller and Allen M. Eisenberg of counsel), and Certilman Balin Adler & Hyman, LLP, East Meadow (James A. Rose of counsel), for plaintiff. Harnik & Finkelstein, New York City (Stephen M. Harnik of counsel), and Meyer, Suozzi, English & Klein, P.C., Mineola (Jeffrey G. Stark of counsel), for defendants.
{**2 Misc 3d at 758} OPINION OF THE COURT
F. Dana Winslow, J.
Procedural Statement
This action for breach of a commercial real estate lease was tried before the Supreme Court, Nassau County (Honorable F. Dana Winslow, J.), without a jury, on September 10-11, 2002. Both sides have submitted posttrial memoranda of law, together with proposed findings of fact and conclusions of law. After due consideration of the parties' submissions, as well as the trial testimony and documentary evidence admitted at trial, the court hereby makes the following findings of fact and conclusions of law.
Findings of Fact
1. Plaintiff SKEK Associates (SKEK or landlord) is the owner of the premises located at 139

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