AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP v. CITIBANK, N.A.


45 A.D.3d 277 (2007)

844 N.Y.S.2d 288

AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, Respondent, v. CITIBANK, N.A., et al., Appellants.

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

Decided November 1, 2007.


Dismissal of the complaint as against defendant Citibank, N.A., is not warranted in this action where plaintiff, the former owner of a building, seeks to recover damages based on Citibank's alleged breach of the covenant to repair under its lease with plaintiff, which expired prior to plaintiff selling the building. Although Citibank may no longer be in privity of estate with plaintiff, it remains liable under the lease's covenant to repair, with the damages to be measured...

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