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VT. TEDDY BEAR v. 538 MADISON

1 N.Y.3d 470 (2004)

807 N.E.2d 876

775 N.Y.S.2d 765

VERMONT TEDDY BEAR CO., INC., Respondent, v. 538 MADISON REALTY COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 2004.

Attorney(s) appearing for the Case

Jay Goldberg, PC, New York City (Jay Goldberg of counsel), and Greenberg Traurig, LLP (Israel Rubin and James W. Perkins of counsel), for appellant.

Reed Smith LLP, New York City (Andrew B. Messite of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

After substantial damage occurred to its retail store, the tenant in this case terminated its lease on the ground that the building owner had failed to provide timely written notice that the premises had been restored and were ready for occupancy. The courts below agreed with the tenant that the lease required the owner to give such notice. Because our long-standing contract...

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