PATRICK PONTIAC NISSAN, INC. v. JOTRIC LAND DEVELOPMENT


269 A.D.2d 803 (2000)

703 N.Y.S.2d 630

PATRICK PONTIAC NISSAN, INC., Appellant, v. JOTRIC LAND DEVELOPMENT, Respondent.

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

Decided February 16, 2000.


Order unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action seeking to recover the cost of repairs and improvements it made to property leased from defendant. Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment. Inasmuch as the lease contains no express covenant by defendant to repair or improve the leased premises, defendant had no obligation...

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