112 WEST 34TH STREET ASSOCIATES, LLC v. 112-1400 TRADE PROPERTIES LLC

Nos. 7041, 100846/09, 7041A.

95 A.D.3d 529 (2012)

944 N.Y.S.2d 68

2012 NY Slip Op 3551

112 WEST 34TH STREET ASSOCIATES, LLC, Respondent, v. 112-1400 TRADE PROPERTIES LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 8, 2012.


Under a 114-year triple net ground lease, dated June 10, 1963 and set to expire on June 10, 2077, defendant leased to plaintiff the land and 26-story commercial building located at 112-120 and 122 West 34th Street in Manhattan. The building, which has approximately 780,000 square feet of rentable space, was built in the 1950s and its original construction featured an aluminum and glass curtain wall system on all but the eastern facade, which had a masonry veneer wall with...

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