READE v. YORK TOWERS, INC.


22 A.D.3d 246 (2005)

802 N.Y.S.2d 401

DUANE READE, Appellant, v. YORK TOWERS, INC., et al., Respondents.

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

October 6, 2005.


While defendant landlord York Towers, Inc., contracted with defendant tenant Shopwell, Inc., and not directly with plaintiff subtenant, plaintiff is bound by the terms of the main lease or overlease through, in part, paragraph 6 of the sublease. However, plaintiff contends that the landlord is not entitled to recover its attorneys' and other fees pursuant to paragraph 19 of the overlease, arguing that such clause entitles the landlord to collect fees only when it performs...

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