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PEACH v. 346 W. 40TH ST., LLC

42 A.D.3d 82 (2007)

835 N.Y.S.2d 172

PEACH PARKING CORP., Plaintiff, v. 346 WEST 40TH STREET, LLC, Defendant, HERTZ CORPORATION, Respondent, and KINNEY SYSTEM, INC., Appellant.

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

May 3, 2007.

Attorney(s) appearing for the Case

Meier Franzino & Scher, LLP, New York City (Steven K. Meier and Davida S. Scher of counsel), for appellant.

Proskauer Rose LLP, New York City (Stacy L. Ceslowitz, Margaret A. Dale and Jason M. Husgen of counsel), for respondent.

ANDRIAS, SULLIVAN, BUCKLEY and SWEENY, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

This case arises out of Hertz Corporation's sublease of a garage building located at 346 West 40th Street. Defendant 346 West 40th Street (the Owner) owns the property and the building. Under a February 2, 1978 lease (the Prime Lease), the Owner's predecessor-in-interest leased the property to defendant Kinney System, Inc. (Kinney). The Prime Lease required Kinney to make all structural and nonstructural repairs to the...

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