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FIFTH AVE. OF LONG ISLAND REALTY ASSOCS. v. KMO-361 REALTY ASSOCS.

211 A.D.2d 695 (1995)

621 N.Y.S.2d 647

Fifth Avenue of Long Island Realty Associates, Respondent, v. KMO-361 Realty Associates, Appellant

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

January 23, 1995

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly rejected the defendant tenant's claim of frustration of purpose based on the bankruptcy of the sublessee. The terms of the lease indicate that it was foreseeable that the tenant might find itself in bankruptcy proceedings, or that the defendant might cease the type of retail operation contemplated by the parties, but that no protection for the...

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