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EASTSIDE CORP. v. 210 E. 86TH

No. 21.

18 N.Y.3d 617 (2012)

965 N.E.2d 246

942 N.Y.S.2d 19

2012 NY Slip Op 1321

EASTSIDE EXHIBITION CORP., Appellant, v. 210 EAST 86TH STREET CORP., Respondent.

Court of Appeals of New York.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Marcus Rosenberg & Diamond LLP, New York City ( David Rosenberg of counsel), for appellant.

Kaufman Friedman Plotnicki & Grun, LLP, New York City ( Howard Grun of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH, PIGOTT and JONES concur with Judge CIPARICK; Judge READ dissents in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to consider whether a minimal and inconsequential retaking of space that has been leased to a commercial tenant constitutes an actual partial eviction relieving the tenant from all obligation to pay rent. We conclude, under the circumstances of this case, where such interference by a landlord is small and has no demonstrable effect on the tenant's use and enjoyment of the space, total rent abatement...

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