CHEM. BANK v. STAHL


255 A.D.2d 126 (1998)

679 N.Y.S.2d 386

Chemical Bank, Plaintiff, v. Stanley Stahl, Doing Business as Stahl Park Avenue Co., et al., Defendants. (Action A.) Stanley Stahl, Doing Business as Stahl Park Avenue Co., Appellant, v. Chemical Bank, Respondent. (Action B.) (And Other Actions.)

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

November 10, 1998


The motion court properly determined that Action B plaintiff is not entitled to lost rental income and financing costs associated with extensive restoration work that defendant tenant Chemical failed to perform in accordance with its supplemental covenant to surrender the leased premises in the stipulated condition, since the parties' agreement did not provide for the award of such consequential damages but only for recovery of...

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