RACHEL BRIDGE CORP. v. DISHI


277 A.D.2d 176 (2000)

717 N.Y.S.2d 133

RACHEL BRIDGE CORP., Respondent-Appellant, v. AVI DISHI, Appellant-Respondent.

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

Decided November 30, 2000.


Section 6 of the subject lease for commercial space provides, in pertinent part, that "[u]ntil lessor is able to deliver the entire premises vacant Lessee's rent obligations and building time shall not commence." The demised premises encompass two buildings each of which had leased space that was still occupied by others at the time the lease was signed, in one, another commercial tenant against whom eviction proceedings were eventually unsuccessful, and in the other, a parking...

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