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NYC GOETZ REALTY CORP. v. MARTHA GRAHAM CENTER OF CONTEMPORARY DANCE

39 A.D.3d 356 (2007)

835 N.Y.S.2d 51

NYC GOETZ REALTY CORP., Appellant, v. MARTHA GRAHAM CENTER OF CONTEMPORARY DANCE, Respondent. MARTHA GRAHAM CENTER OF CONTEMPORARY DANCE, Counterclaim Plaintiff-Respondent, v. NYC GOETZ REALTY CORP., Counterclaim Defendant-Appellant, and et al., Counterclaim Defendant.

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

Decided April 19, 2007.

Whether a landlord's renovation work is of such character as to justify a tenant's abandonment of the premises is normally a question of fact (see Townhouse Co., LLC v Plotkin, 12 A.D.3d 269 [2004]). Here, however, tenant failed to put forth specific evidence of conditions rising to the level of constructive eviction. The February 2005 letter is insufficient to establish a constructive eviction in August 2005. Thus, there are no...

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