55 LIBERTY ST. ASSOCS. v. GARRICK-AUG ASSOCS. STORE LEASING, INC.


255 A.D.2d 188 (1998)

681 N.Y.S.2d 17

55 Liberty Street Associates, Respondent, v. Garrick-Aug Associates Store Leasing, Inc., Defendant, and Brothers Gourmet Coffees, Inc., Appellant

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

November 17, 1998


In this action to recover rent under a commercial lease with respect to a portion of the premises at 41-47 Nassau Street, in New York City, the defendant-tenant alleges that the plaintiff-landlord fraudulently concealed the fact that the demised premises had landmark status, which would have prohibited the tenant's proposed alterations of the premises. The tenant further alleges that the demolition plan was annexed to and made part of the lease. The tenant alleges that in...

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