SIMON & SON UPHOLSTERY, INC. v. 601 WEST ASSOCIATES, L. L. C.


268 A.D.2d 359 (2000)

702 N.Y.S.2d 256

SIMON & SON UPHOLSTERY, INC., et al., Appellants-Respondents, v. 601 WEST ASSOCIATES, L. L. C., et al., Respondents-Appellants.

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

Decided January 25, 2000.


Tenant signed a lease in 1995 with landlord's predecessor in interest which provided that the premises were to be used for the manufacture of upholstery furniture. Paragraph 31 of the lease provided for elevator service during normal business hours, and on Saturday mornings. Elevator service at other times was offered pursuant to rules promulgated by the landlord, and conditioned upon, inter alia, the payment of normal overtime work for the required building employees...

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