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

182 A.D.2d 399 (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.

April 2, 1992

We are in agreement with the IAS court that plaintiff has adduced sufficient evidence to demonstrate the likelihood of success on the merits. In addition to whether the defendant landlord was aware of preexisting conditions of defect and disrepair, there is a serious question as to whether the areas at issue are within the demised premises for which plaintiff was responsible. Consequently, the equitable principles of injunctive...

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