EAST 35TH ST. REAL ESTATE ASSOCS. v. 24535 OWNERS CORP.


175 A.D.2d 42 (1991)

East 35th Street Real Estate Associates, Appellant, v. 24535 Owners Corp., Respondent

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

July 11, 1991


Pursuant to Article 9 of the lease and Article 43 of the rider, defendant-landlord is responsible for any structural repairs necessitated by the fire. The court's reliance upon the damage report prepared for plaintiff's insurer was misplaced since such report, by the terms of plaintiff's fire insurance policy, was limited to personal property losses. There exist questions of fact as to whether there was any structural damage to...

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