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124 IN-TO-GO CORP. v. ROUNDABOUT THEATRE COMPANY, INC.

266 A.D.2d 166 (1999)

698 N.Y.S.2d 31

124 IN-TO-GO CORP., Appellant, v. ROUNDABOUT THEATRE COMPANY, INC., Defendant, and 1133 BUILDING CORP. et al., Respondents.

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

Decided November 30, 1999.

The lease provision limiting plaintiff's remedy to a plenary action for consequential damages is enforceable (see, Daily News v Rockwell Intl. Corp., 256 A.D.2d 13, lv denied 93 N.Y.2d 803), and the disposition on appeal allows plaintiff the unfettered option to proceed on its claim for damages. In any event, plaintiff had no enforceable expectation that defendant landlord would act in good faith in exercising its absolute...

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