It is undisputed that the exhaust chimney used in the operation of plaintiffs' restaurant is not liquid tight, as required by the Building Code. Consequently, it leaks grease and odors and may present a fire hazard. It is also undisputed that the exhaust stack has been the subject of years of negotiations between Nobu and defendant residential cooperative corporation.
In October 2002, plaintiffs were served with notices to cure defaults under their lease as the result...
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