JRK FRANKLIN, LLC v. 164 EAST 87TH STREET LLC


27 A.D.3d 392 (2006)

812 N.Y.S.2d 506

JRK FRANKLIN, LLC, Appellant-Respondent, v. 164 EAST 87TH STREET LLC, Respondent-Appellant.

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

March 30, 2006.


This action arose when defendant notified plaintiff by letter in May 2005 that it was in default on its commercial lease. The alleged violations, allegedly first discovered two months prior, consisted of the construction, without the landlord's written consent, of a small, one-story storage structure attached to the rear of the hotel premises, and a small, free-standing metal storage shed also located at the rear of the premises. The default letter stated, inter alia, that...

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