STERLING NATIONAL BANK v. FASHION ASSOCIATES

2070, 602395/05, 2071, 2072

69 A.D.3d 541 (2010)

894 N.Y.S.2d 394

2010 NY Slip Op 584

STERLING NATIONAL BANK, Appellant, v. FASHION ASSOCIATES, Respondent.

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

Decided January 28, 2010.


The motion court correctly held that the parties' lease modification agreement pertained not to the lease at issue, but rather to a previously expired lease between the same parties for different premises, and that tenant was not relieved of its obligation, under article 12 of the lease, to remove its alterations, installations, additions and improvements from the premises and restore the premises to good order and condition. Tenant's claim that landlord's notice invoking...

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