BIG FOUR LLC v. BOND STREET LOFTS CONDOMINIUM

Nos. 5450, 5451, 600119/10.

94 A.D.3d 401 (2012)

941 N.Y.S.2d 567

2012 NY Slip Op 2421

THE BIG FOUR LLC, Appellant-Respondent, v. THE BOND STREET LOFTS CONDOMINIUM, Respondent-Appellant.

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

Decided April 3, 2012.


This dispute arose when plaintiff, the owner of a commercial space, attempted to rent its unit to nonparty 7-Eleven. When plaintiff wrote to defendant condominium association about its intention, defendant responded with a written objection to a 7-Eleven store in its building, on the ground that the proposed use of the unit included on-premises cooking in violation of the condominium bylaws. Nevertheless, plaintiff signed a 10-year lease with 7-Eleven. The lease, however...

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