NELSON v. GREAT ATL. & PAC. TEA CO., INC.


112 A.D.2d 410 (1985)

Robert Nelson et al., Appellants, v. Great Atlantic & Pacific Tea Company, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 29, 1985


Order affirmed, with costs.

After the subject property was damaged by fire, plaintiffs landlords commenced this action claiming that defendant tenant was liable in tort and for breach of the lease, due to an alleged act of arson by a subtenant. Upon a review of the provisions of the lease, it is clear that the tenant may not be held liable under the lease for any damage to the property caused by fire. Moreover, the complaint fails to allege that the tenant in any...

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