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GRAUBARD MOLLEN HOROWITZ POMERANZ & SHAPIRO v. 600 THIRD AVE. ASSOCS.

240 A.D.2d 161 (1997)

658 N.Y.S.2d 272

Graubard Mollen Horowitz Pomeranz & Shapiro, Appellant, v. 600 Third Avenue Associates, Respondent

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

June 3, 1997

Since the alleged interference with plaintiff's ingress and egress never resulted in denial of access, there was no actual partial eviction, and plaintiff's obligation to pay rent was never suspended (see, Barash v Pennsylvania Term. Real Estate Corp., 26 N.Y.2d 77, 82-84). The IAS Court also properly found that the lease was clear in requiring plaintiff to replenish the letter of credit that it had given defendant in lieu...

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