MORALES v. D & A FOOD SERVICE


41 A.D.3d 352 (2007)

839 N.Y.S.2d 464

LINO MORALES, Appellant, v. D & A FOOD SERVICE, Defendant, and CAMILLO M. SANTOMERO, III, Respondent.

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

Decided June 28, 2007.


Defendant Santomero, as landlord, leased the subject commercial property to defendant D & A Food Service pursuant to a written agreement which prohibited the tenant from "mak[ing] any structural alterations in interior or exterior without written consent of the Landlord," and provided that "[a]ll plans for work of any nature ... must be subject to the Landlord's approval prior to individual contracts being awarded."

Without obtaining landlord's approval or even...

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