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TIMUR ON 5TH AVENUE INC. v. RECORD EXPLOSION, INC.

290 A.D.2d 221 (2002)

735 N.Y.S.2d 525

TIMUR ON 5TH AVENUE INC., Respondent-Appellant, v. RECORD EXPLOSION, INC., Appellant-Respondent.

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

Decided January 3, 2002.

Although defendant subtenant contends that plaintiff landlord is not in contractual privity with it and, consequently has no cause of action against it, our reading of the governing lease and sublease indicates the contrary. Paragraph 11 of the primary lease provides in relevant part: "[i]f this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after...

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