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HAVANA CENT. v. LUNNEY'S PUB

49 A.D.3d 70 (2007)

852 N.Y.S.2d 32

HAVANA CENTRAL NY2 LLC, Respondent-Appellant, v. LUNNEY'S PUB, INC., Appellant-Respondent, et al., Defendants.

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

December 27, 2007.

Attorney(s) appearing for the Case

Calotta Levine Samuel, LLP, New York City (Gerald M. Levine of counsel), for appellant-respondent.

Guzov Ofskin, LLC, New York City (Damien Matthew Bosco, Debra J. Guzov and David J. Kaplan of counsel), for respondent-appellant.

SULLIVAN and GONZALEZ, JJ., concur with ANDRIAS, J.P.; SAXE and McGUIRE, JJ., concur in part and dissent in part in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

ANDRIAS, J.

Because there are triable issues of fact as to whether the corporate defendant, Lunney's Pub, Inc., a holdover tenant, intentionally induced its landlord to breach a lease provision to timely deliver the leasehold premises to plaintiff, Havana Central NY2 LLC, a new, incoming corporate tenant, Lunney's motion for summary judgment dismissing Havana Central's first cause of action...

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