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6 OUTPARCELS, LLC V. RUBY TUESDAY, INC. 931 N.Y.S.2d 436 (N.Y. App. Div. 2011)

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Nature of the Case

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Facts

D agreed to construct and open a restaurant on P's real property. D agreed to pay an annual fixed rent in addition to a percentage of the restaurant's gross sales. D has consistently paid the fixed rent on the property, but it did not construct the restaurant. P sued for breach of contract. P moved for partial summary judgment, and it was granted. D appealed.