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401 HOTEL, L.P. v. MTI/THE IMAGE GROUP, INC.

271 A.D.2d 228 (2000)

705 N.Y.S.2d 364

401 HOTEL, L.P., Respondent, v. MTI/THE IMAGE GROUP, INC., Appellant. 401 HOTEL, L.P., Respondent, v. MTI/THE IMAGE GROUP, INC., Appellant. 401 HOTEL, L.P., Appellant-Respondent, v. MTI/THE IMAGE GROUP, INC., Respondent-Appellant. (Action No. 1.) MTI/THE IMAGE GROUP, INC., Respondent-Appellant, v. 401 COMMERCIAL L.P., Doing Business as NEW YORK'S HOTEL PENNSYLVANIA, et al., Appellants-Respondents. (Action No. 2.) PENN PLAZA OFFICE PARK, INC., et al., Intervenors-Respondents, v. 401 HOTEL, L.P., et al., Appellants-Respondents.

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

Decided April 4, 2000.

These consolidated actions arise out of a dispute between landlord 401 Hotel and its commercial tenant MTI concerning alterations commenced by MTI, allegedly in violation of various lease provisions, and 401 Hotel's refusal to lease additional space in the building to MTI as allegedly promised. In March 1998, Justice Harold Tompkins granted a temporary restraining order (TRO) enjoining MTI from continuing the alterations, and thereafter...

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