SATELLITE ASSET MANAGEMENT, L.P. v. FIFTH AVENUE BUILDING COMPANY, LLC

6442, 116699/10

91 A.D.3d 412 (2012)

936 N.Y.S.2d 25

2012 NY Slip Op 3

SATELLITE ASSET MANAGEMENT, L.P., Respondent, v. FIFTH AVENUE BUILDING COMPANY, LLC, Appellant.

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

Decided January 3, 2012.


Article 10.07 of the lease at issue provides, in pertinent part: "All appurtenances, fixtures, improvements, additions and other property attached to or installed in the Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense, or Tenant's expense, or the joint expense of Landlord and Tenant, shall, unless Landlord elects otherwise, become and remain the property of Landlord . . . Landlord shall have the right to make its election as to such appurtenances...

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