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143-145 MADISON AVENUE LLC v. TRANEL, INC.

2979.

74 A.D.3d 473 (2010)

902 N.Y.S.2d 532

143-145 MADISON AVENUE LLC et al., Appellants, v. TRANEL, INC., Respondent.

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

Decided June 8, 2010.

The motion court correctly rejected plaintiffs' argument based on impossibility, since plaintiffs' difficulties in obtaining sufficient water pressure to install a separate sprinkler system for the subject premises were foreseeable and could have been guarded against in the contract (see Kel Kim Corp. v Central Mkts., 70 N.Y.2d 900, 902 [1987]). As plaintiffs, who had been in possession of the premises for years, were on notice...

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