1009 SECOND AVE. ASSOC. LLC v. CAFÉ BUON GUSTO CINQUE CORP.

570573/07.

2008 NY Slip Op 51405 (U)

1009 SECOND AVENUE ASSOCIATES LLC, Petitioner-Landlord-Appellant, v. CAFÉ BUON GUSTO CINQUE CORP. T/A ARIA DEL MAR, Respondent-Tenant-Respondent.

Appellate Term of the Supreme Court of New York, First Department.

Decided July 16, 2008.


PER CURIAM.

We find no basis to disturb the trial court's expressed factual findings that tenant tendered, and landlord improperly rejected, the disputed rent for the months of December 2006 and January 2007, and thus sustain the court's ultimate determination that the default provisions of paragraph 44H of the governing commercial lease agreement were not triggered. By failing to request that the court draw an adverse inference due to tenant's failure to produce...

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