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428 CAMERA CORP. v. TANDY CORPORATION

272 A.D.2d 72 (2000)

707 N.Y.S.2d 101

428 CAMERA CORP., Doing Business as WILLOUGHBY'S KONICA IMAGING CENTER, Appellant, v. TANDY CORPORATION, Respondent, et al., Defendant.

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

Decided May 4, 2000.

While the main lease requires the landlord to supply heat, nothing therein or the sublease, which was made subject to the main lease, requires the main tenant to do so. Thus, if, as the subtenant contends, the lack of heat in the premises is due to a broken HVAC, and if the repairs required to the HVAC are structural within the meaning of the main lease, then the obligation to repair the HVAC is the landlord's, not the main tenant...

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