S.E. NICHOLS, INC. v. NEW PLAN REALTY TRUST


160 A.D.2d 251 (1990)

S.E. Nichols, Inc., Respondent, v. New Plan Realty Trust et al., Appellants

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

April 5, 1990


Plaintiff is the lessee of a 100,000-square-foot discount department store in North Carolina. Defendants are the landlord and managing agent. Plaintiff alleges that from 1986 to 1988, it made repeated requests to defendants for repair or replacement of the roof of the store. However, because defendants failed to provide the necessary repairs, the roof leaked substantially after every rainfall, flooding the main selling areas, disrupting the store's operations, and seriously...

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