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EASTSIDE v. 210 E. 86TH ST.

23 A.D.3d 100 (2005)

801 N.Y.S.2d 568

EASTSIDE EXHIBITION CORP., Respondent-Appellant, v. 210 East 86th Street Corp., Appellant-Respondent.

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

September 15, 2005.

Attorney(s) appearing for the Case

Kaufman Friedman Plotnicki & Grun, LLP, New York City (Howard Grun of counsel), for appellant-respondent.

Slotnick, Shapiro & Crocker, LLP, New York City (Barry I. Slotnick, J. Lawrence Crocker and Elliot J. Blumenthal of counsel), and Marcus Rosenberg & Diamond LLP, New York City (David Rosenberg of counsel), for respondent-appellant.

MAZZARELLI, J.P., SULLIVAN, NARDELLI and WILLIAMS, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

The issue before us is whether a commercial tenant whose landlord takes possession of a minimal and nonessential portion of its demised premises is thereby entitled to an abatement of its entire rental obligation.

Plaintiff holds a lease commencing March 1, 1998 and expiring December 16, 2016 on a two-story space configured as a "quad" movie theater in a seven-story...

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