450 WEST 14TH ST. CORP. v. 40-56 TENTH AVE.


15 A.D.3d 166 (2005)

789 N.Y.S.2d 25

450 WEST 14TH ST. CORP., Respondent, v. 40-56 TENTH AVE., LLC, Appellant.

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

February 1, 2005.


The prior order, in January 2003, contained a clear mandate for defendant to maintain the easement area "at all times. . . in proper condition and repair," in accordance with a 1992 Easement Agreement, including repairs to the elevators in that area. It is uncontested that through September 2003, defendant made no repairs to the easement area, and it makes no attempt to argue that such area was "in proper condition and repair," as mandated. The court expressly found that...

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