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MANHATTAN CHURCH OF CHRIST, INC. v. 40 EAST 80 APARTMENT CORPORATION

55 A.D.3d 416 (2008)

866 N.Y.S.2d 53

MANHATTAN CHURCH OF CHRIST, INC., Appellant, v. 40 EAST 80 APARTMENT CORPORATION, Respondent.

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

October 21, 2008.

Plaintiff is the owner of a zoning lot with an area of 9,716.71 square feet. The zoning lot, which has a floor area ratio of 10, is divided into two parcels. On one of the parcels, plaintiff built a building with a floor area of 18,214.3 square feet. Plaintiff leased the other parcel to defendant's predecessor. The leased parcel, which has an area of 5,426 square feet, is referred to as the "demised premises." Section 21.1 of the lease states that after 32 years and 9 months...

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