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CHRISTINE'S SHOES CORP. v. 251 MAIN STREET CORPORATION

267 A.D.2d 415 (1999)

701 N.Y.S.2d 438

CHRISTINE'S SHOES CORP., Plaintiff, v. 251 MAIN STREET CORPORATION, Defendant. (Matter No. 1.) In the Matter of 251 MAIN STREET CORPORATION, Appellant, v. CHRISTINE'S SHOES CORP., Respondent. (Matter No. 2.)

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

Decided December 27, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

Although the landlord had a right to perform renovations at the commercial tenant's premises pursuant to the terms of the lease at issue, it did not have the right to perform those renovations without regard for the tenant's retail business. Therefore, whether the tenant allowed the construction workers reasonable access to the leasehold estate is a question of fact which must be resolved by...

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