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HOLY PROPS. v. COLE PRODS.

87 N.Y.2d 130 (1995)

661 N.E.2d 694

637 N.Y.S.2d 964

Holy Properties Limited, L. P., Respondent, v. Kenneth Cole Productions, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 7, 1995.

Attorney(s) appearing for the Case

Fischbein Badillo Wagner Itzler, New York City (Bruce H. Wiener, Bentley Kassal, Kenneth G. Schwarz and Deborah J. Locitzer of counsel), for appellant.

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., New York City (Jeffrey R. Metz, Robert D. Goldstein, David R. Brody and Steven L. Schultz of counsel), for respondent.

Carb, Luria, Glassner, Cook & Kufeld, LLP, New York City (James E. Schwartz and Carol W. Duffy of counsel), for The Real Estate Board of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

In 1985, defendant Kenneth Cole Productions, Inc. entered into a written lease for premises in a commercial office building located at 29 West 57th Street in Manhattan. The term was to commence on January 1, 1985 and end on December 31, 1994. In December 1991, following a change of owners and an alleged deterioration in the level and quality of building services, defendant vacated the premises. Shortly...

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