MATTER OF 8501 FLATLANDS AVE. REALTY CORP. v. 21ST CENTURY AUTO REPAIR, INC.


198 A.D.2d 504 (1993)

604 N.Y.S.2d 202

In the Matter of 8501 Flatlands Avenue Realty Corp., Appellant, v. 21st Century Auto Repair, Inc., Respondent

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

November 29, 1993


Ordered that the order of the Appellate Term is reversed, on the law, without costs or disbursements, so much of the judgment entered January 19, 1990, as awarded the tenant an abatement in rent is vacated, and the matter is remitted to the Civil Court of the City of New York, Kings County, for entry of an amended judgment in accordance herewith.

The appellant landlord leased its gasoline service station to the respondent tenant in 1984. Under the terms of the lease...

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