QWAKAZI, LTD. v. 107 WEST 86TH ST. OWNERS CORP.


123 A.D.2d 253 (1986)

Qwakazi, Ltd., Respondent, v. 107 West 86th Street Owners Corp., Appellant

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

September 4, 1986


Plaintiff is a store owner occupying street-level space leased from defendant, a residential cooperative corporation. Paragraph 2 of plaintiff's lease, dated June 28, 1983, provide that the "tenant shall use and occupy demised premises for sale of comic books, toys, posters, books solely." Additionally, paragraph 55 of the rider to the lease provides that any use by the tenant for any other purpose "shall be deemed a default * * * and, as such, a material inducement for landlord...

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