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PEACH PARKING CORP. v. 346 WEST 40TH STREET, LLC

52 A.D.3d 260 (2008)

859 N.Y.S.2d 424

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

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

Decided June 5, 2008.

In this commercial landlord-tenant declaratory judgment action, the court did not improvidently exercise its discretion in granting plaintiff leave to amend its pleadings to add three additional causes of action—against 346 West 40th Street and Kinney for reimbursement for costs of various repairs to the leased premises after it was vacated by Hertz, and against Hertz for reimbursement for the repairs to the extent they were nonstructural and for unpaid rent. Leave...

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