430 PARK AVENUE COMPANY v. BANK OF MONTREAL


9 A.D.3d 320 (2004)

781 N.Y.S.2d 67

430 PARK AVENUE COMPANY, Appellant, v. BANK OF MONTREAL et al., Respondents, et al., Defendant.

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

July 22, 2004.


Before tenants became fully aware of many of the specifics of the landlord's claims against them, plaintiff landlord undertook a major renovation of the building involving the destruction of the only evidence that could have determined whether defendant tenants violated their obligations under the termination provisions of the parties' lease. These actions deprived tenants of a fair opportunity to have their expert inspect the premises in order to focus on the specific items...

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