NOVITA LLC v. 307 WEST RESTAURANT CORPORATION


35 A.D.3d 234 (2006)

828 N.Y.S.2d 5

NOVITA LLC, Respondent, v. 307 WEST RESTAURANT CORPORATION, Doing Business as RINCONCITO MEXICANO et al., Appellants.

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

Decided December 12, 2006.


Plaintiff landlord entered a lease agreement with defendants that obligated the tenants to maintain the premises in good repair. Plaintiff later decided to renovate, and defendants agreed to perform some of the renovations on their own. It later developed that during the renovations, defendants removed a load-bearing wall, causing damage. Three years and a day after learning from its architect about the structural defect, plaintiff commenced this action, alleging that under...

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