Huron Associates, LLC v. 210 East 86TH Street Corp., 4947N
Decision Date | 05 May 2005 |
Docket Number | 4947N |
Citation | 794 N.Y.S.2d 360,18 A.D.3d 231,2005 NY Slip Op 03754 |
Parties | HURON ASSOCIATES, LLC, Respondent-Appellant, v. 210 EAST 86TH STREET CORP., Appellant-Respondent. |
Court | New 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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