DUANE READE v. IG PARTNERS


184 Misc.2d 674 (2000)

708 N.Y.S.2d 273

DUANE READE, Plaintiff, v. IG SECOND GENERATION PARTNERS, L. P., et al., Defendants.

Supreme Court, New York County.

May 12, 2000.


Attorney(s) appearing for the Case

Pryor, Cashman, Sherman & Flynn, New York City, for plaintiff.

Richard D. Feldman, New York City, for IG Second Generation Partners, L. P., and another, defendants.

Ingram, Yuzek, Gainen, Carroll & Bertolotti, New York City, for Apple Bank for Savings, defendant.

Wachtell, Lipton, Rosen & Katz, New York City, for Walgreen Eastern Co.

Inc. and another, defendants.


OPINION OF THE COURT

EDWARD H. LEHNER, J.

The basic legal issue presented on the motions before me is whether a sublessee, who has not yet entered into possession of the leased premises and whose sublease was not consented to by the main landlord, is entitled to possession as a tenant of the main landlord when the sublessor after executing the sublease voluntarily surrendered possession of the premises...

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