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PACIFIC COAST v. 247 REALTY, LLC

600505/07, 1728

76 A.D.3d 167 (2010)

904 N.Y.S.2d 407

PACIFIC COAST SILKS, LLC, Respondent, v. 247 REALTY, LLC, Appellant.

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

Decided July 1, 2010.

Attorney(s) appearing for the Case

Smith & Shapiro, New York City ( Harry Shapiro of counsel), for appellant.

Adam M. Peska , White Plains, and Aibara & Reed, PLLC, New York City ( Blake W. Reed of counsel), for respondent.

MAZZARELLI, J.P., ANDRIAS, CATTERSON and ACOSTA, JJ., concur.

OPINION OF THE COURT

SAXE, J.

The impact of a building-wide renovation and upgrade on the rights of an incoming commercial tenant is the subject of this appeal. Whatever regrets the tenant may have had later about the wisdom of agreeing to a tenancy of seventh-floor premises in a building whose only elevator was then out of service due to substantial renovations should not form a predicate for judicial solicitude, in the face of a commercial lease that delineates...

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