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ORIENTAL BUFFET & GRILL INC. v. VORNADO GUN HILL ROAD LLC

33 A.D.3d 436 (2006)

821 N.Y.S.2d 889

ORIENTAL BUFFET & GRILL INC., Appellant, v. VORNADO GUN HILL ROAD LLC, Respondent.

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

Decided October 17, 2006.

No triable issues were raised as to whether there were equitable grounds to relieve plaintiff tenant of the consequences of its failure to exercise its renewal option in a timely fashion. Plaintiff's expenditures for nonpermanent fixtures did not constitute a forfeiture justifying equitable relief (see e.g. Trieste Group, LLC v Ark Fifth Ave. Corp., 13 A.D.3d 207 [2004]). Nor did defendant landlord's failure to object to the late...

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