90 WASHINGTON REST ASSOCIATES, LLC v. JDM WASHINGTON STREET, LLC

6548, 600557/10.

91 A.D.3d 501 (2012)

937 N.Y.S.2d 24

2012 NY Slip Op 240

90 WASHINGTON REST ASSOCIATES, LLC, Appellant, v. JDM WASHINGTON STREET, LLC, Respondent.

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

Decided January 17, 2012.


The motion court improperly granted defendant summary judgment dismissing plaintiff's claims for damages from the interruption or loss of business. Triable issues exist as to whether defendant performed any work on the premises. Furthermore, there are triable issues as to whether, if the landlord did perform work, such work was diligently prosecuted, and that the work necessitated the scaffolding.

Plaintiff was entitled to summary judgment on its claim that between...

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