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COMMUNITY COUNSELING & MEDIATION SERVICES v. CHERA

Nos. 7679, 7680, 603997/06, 7680A.

95 A.D.3d 639 (2012)

945 N.Y.S.2d 18

2012 NY Slip Op 3876

COMMUNITY COUNSELING & MEDIATION SERVICES, Appellant-Respondent, v. RICHARD CHERA et al., Respondents, and NEXT GENERATION CHERA, LLC, Respondent-Appellant, et al., Respondent.

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

Decided May 17, 2012.

Tenant's trespass claim was properly dismissed. Paragraph 13 of the lease ("Lease ¶ 13") for the premises at issue expressly authorized landlord to erect new pipes and conduits in tenant's leasehold. Lease ¶ 13 did not condition landlord's right to install the pipes upon tenant's consent, or upon tenant's opinion as to where the pipes should be placed. Accordingly, defendants' installation of the challenged ceiling pipes was not unlawful, nor were the pipes installed...

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