425 PARK AVENUE COMPANY v. 425 PARK AVENUE GROUND LESSEE L.P.

1989, 601934/07

69 A.D.3d 467 (2010)

895 N.Y.S.2d 336

2010 NY Slip Op 302

425 PARK AVENUE COMPANY, Respondent, v. 425 PARK AVENUE GROUND LESSEE L.P., Appellant, et al., Defendants.

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

Decided January 14, 2010.


The parties' lease obligated plaintiff tenant to restore or replace any part of the demised premises damaged or destroyed by fire "as nearly as possible to its value, condition and character immediately prior to such damage or destruction." Defendant landlord's withholding of its consent to the proposed restoration plans was unreasonable. We reject defendant's argument that it reasonably withheld its consent based on safety concerns regarding plaintiff's plan for the restoration...

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