Huron Associates, LLC v. 210 East 86TH Street Corp., 4947N

Decision Date05 May 2005
Docket Number4947N
Citation794 N.Y.S.2d 360,18 A.D.3d 231,2005 NY Slip Op 03754
PartiesHURON ASSOCIATES, LLC, Respondent-Appellant, v. 210 EAST 86TH STREET CORP., Appellant-Respondent.
CourtNew York Supreme Court — Appellate Division

In pertinent part, article 13 of the subject commercial lease gives landlord the right to enter tenant's premises "to make such repairs, replacements or improvements as [landlord] may deem necessary and reasonably desirable to any portion of the building or which [landlord] may elect to perform, in the premises, following Tenant's failure to make repairs or perform any work which Tenant is obligated to perform under this lease." We find no basis on which to disturb the trial court's finding that this provision gives landlord a right of access to make any building improvements it reasonably deems desirable, and is not limited to such access as is necessary to perform work that tenant itself was obligated to perform (cf. e.g. Cut-Outs, Inc. v Man Yun Real Estate Corp., 286 AD2d 258 [2001] lv denied 100 NY2d 507 [2003]). Further, there is no basis for disturbing the trial court's finding that tenant is in default under article 13 of the lease. A different result is not required by article 49 of...

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8 cases
  • Empire State Bldg. Co. v. N.Y. Skyline, Inc. (In re N.Y. Skyline, Inc.)
    • United States
    • U.S. Bankruptcy Court — Southern District of New York
    • May 11, 2012
    ...because it had not affirmatively initiated its own legal proceeding to enforce the leases.”); Huron Assocs., LLC v. 210 East 86th St. Corp., 18 A.D.3d 231, 794 N.Y.S.2d 360, 361 (N.Y.App.Div.2005) (reinstating the defendant-landlord counterclaim for attorneys' fees relating to the plaintiff......
  • Loch Sheldrake Beach & Tennis Inc. v. Akulich
    • United States
    • New York Supreme Court — Appellate Division
    • July 7, 2016
    ...Cohan v. Board of Directors of 700 Shore Rd. Waters Edge, Inc., 108 A.D.3d at 700, 969 N.Y.S.2d 547 ; Huron Assoc., LLC v. 210 E. 86th St. Corp., 18 A.D.3d 231, 232, 794 N.Y.S.2d 360 [2005] ; see generally Estate of Del Terzo v. 33 Fifth Ave. Owners Corp., 136 A.D.3d 486, 489–490, 25 N.Y.S.......
  • Garry v. Ryan & Henderson, P.C.
    • United States
    • New York District Court
    • June 29, 2016
    ...Jackson v. Westminster House Owners, Inc., 24 A.D.3d 249 [806 N.Y.S.2d 495] (1st Dept. 2005) ; Huron Assocs., LLC v. 210 East 86th Street Corp., 18 A.D.3d 231 [794 N.Y.S.2d 360] (1st Dept.2005) ; Two Rector Street Corp. v. Bein, 226 App.Div. 73 [234 N.Y.S. 409] (1st Dept.1929).” “Indeed, it......
  • 251 CPW Hous. LLC v. Pastreich
    • United States
    • New York Supreme Court — Appellate Division
    • January 6, 2015
    ...the holdover proceeding does not render an award of attorneys' fees manifestly unfair (see Huron Assoc., LLC v. 210 E. 86th St. Corp., 18 A.D.3d 231, 232, 794 N.Y.S.2d 360 [1st Dept.2005] ["the fact that the (landlord's) position in this litigation has not been frivolous does not render it ......
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1 books & journal articles
  • 39.22 C. Prevailing Party Clause
    • United States
    • New York State Bar Association Commercial Leasing (NY) Chapter Thirty-nine The Essential Guide To the Most Important Clause In a Commercial Lease
    • Invalid date
    ...to exploit any inequitable leveraging position.--------Notes:[1443] . See, e.g., Huron Associates, LLC v. 210 East 86th Street Corp., 18 A.D.3d 231, 794 N.Y.S.2d 360 (1st Dep’t...

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