BURGER KING CORP. v. 111 CEDAR ST. CO.


188 A.D.2d 379 (1992)

Burger King Corporation, Respondent, v. 111 Cedar Street Company, Appellant

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

December 15, 1992


On the record before this Court, it appears that questions of fact exist both with respect to plaintiff's obligation to make repairs to the sub-basement as well as to the sidewalk adjoining the leased premises. This is so despite the fact that, as the IAS Court noted, the lease specifically excludes the sub-basement from the premises actually leased to plaintiff. Other, seemingly conflicting, provisions of the lease are not clear as to the intent of the parties with respect...

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