HOOTERS OF MANHATTAN, LTD. v. 211 WEST 56 ASSOCIATES


51 A.D.3d 410 (2008)

857 N.Y.S.2d 112

HOOTERS OF MANHATTAN, LTD., Respondent, v. 211 WEST 56 ASSOCIATES, Appellant.

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

Decided May 1, 2008.


It is clear from a reading of the lease that plaintiff tenant waived any right to recover consequential damages from defendant landlord and was, in fact, required to insure itself against such losses. Section 17.01 of the lease provides: "If at any time any windows of the Premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) or if there is erected any scaffolding on the exterior of the Building for any...

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