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MANHATTAN CABLE TELEVISION, INC. v. BRUSTOWSKY

191 A.D.2d 253 (1993)

595 N.Y.S.2d 12

Manhattan Cable Television, Inc., Respondent, v. Earl Brustowsky, Doing Business as 511 West 21st Street Realty Co., Appellant and Third-Party Plaintiff, et al., Third-Party Defendants. Manhattan Cable Television, Inc., Appellant, v. Earl Brustowsky, Doing Business as 511 West 21st Street Realty Co., Respondent

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

March 11, 1993

These two separate actions arise out of the same underlying transaction. Plaintiff leased certain property from defendant, for the purpose of constructing a garage and storage facility. The lease provided that defendant-landlord was to be responsible for the cost incurred by the tenant for removal of toxic wastes on the premises, which cost may be applied as an offset against rent. After plaintiff had demolished the existing structure...

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