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CELLULAR TEL v. 210 E 86TH ST

44 A.D.3d 77 (2007)

839 N.Y.S.2d 476

CELLULAR TELEPHONE COMPANY et al., Respondents, v. 210 EAST 86TH STREET CORP., Appellant.

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

June 28, 2007.

Attorney(s) appearing for the Case

Kaufman Friedman Plotnicki & Grun, LLP, New York City (Howard Grun of counsel), for appellant.

Drinker Biddle & Reath, LLP, Florham Park, New Jersey (Michael E. Blaine of counsel), and Drinker Biddle & Reath, LLP, New York City (Andrew B. Joseph of counsel), for respondents.

SAXE, J.P., NARDELLI, GONZALEZ and SWEENY, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this action the plaintiff commercial tenant seeks a declaration that the defendant landlord did not validly cancel its lease. We conclude, however, that the lease was validly canceled and, accordingly, that the defendant is entitled to summary judgment.

In or about December 1997, the plaintiff Cellular Telephone Company (hereinafter referred to as Cellular) entered into a lease with the defendant 210 East 86th...

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