BATES ADVERTISING USA, INC. v. 498 SEVENTH, L. L. C.


281 A.D.2d 210 (2001)

721 N.Y.S.2d 645

BATES ADVERTISING USA, INC., Appellant-Respondent, v. 498 SEVENTH, L. L. C., Respondent-Appellant.

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

Decided March 8, 2001.


Article 54 (C) of the Lease between plaintiff tenant and defendant landlord provides: "If Landlord does not substantially complete the work described in part E of Exhibit C by January 1, 1999 and Tenant has taken full occupancy of the initial demised premises and is conducting its ordinary business therein, then Tenant shall be entitled to a one-half (½) day delay in the occurrence of the Commencement Date for all portions of the premises for each day from January 2...

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