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AFTER MIDNIGHT CO. LLC v. MIP 145 EAST 57TH STREET, LLC

2644, 151014/15.

146 A.D.3d 446 (2017)

2017 NY Slip Op 00076

43 N.Y.S.3d 749

AFTER MIDNIGHT COMPANY LLC, Appellant, v. MIP 145 EAST 57TH STREET, LLC, Respondent.

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

Decided January 5, 2017.

The IAS court properly found that article 4 of the parties' lease precludes plaintiff, a commercial tenant, from bringing any claim against defendant landlord for inconvenience, annoyance, or injury to plaintiff's business. This Court has repeatedly interpreted substantially identical lease provisions in this way (see e.g. Bowlmor Times Sq. LLC v AI 229 W. 43rd St. Prop. Owner, LLC, 106 A.D.3d 646, 647 [1st Dept 2013]; Duane Reade...

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