INCREDIBLE CHRISTMAS STORE-NEW YORK, INC. v. RCPI TRUST


307 A.D.2d 816 (2003)

763 N.Y.S.2d 280

INCREDIBLE CHRISTMAS STORE-NEW YORK, INC., Respondent-Appellant, v. RCPI TRUST et al., Appellants-Respondents, and RAROC INC., Respondent.

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

Decided August 7, 2003.


Plaintiff, which retailed Christmas merchandise out of a store it rented from defendant landlord, claims that it was forced out of business because of the frequent holiday private parties held in the public concourse in front of plaintiff's store by another of the landlord's tenants, defendant restaurant (the restaurant). According to plaintiff, these parties involved elevator closures and high screens that substantially diminished its store's accessibility and visibility...

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