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23 EAST 10 L.L.C. v. ALBERT APARTMENT CORP.

6599, 110796/07

91 A.D.3d 573 (2012)

937 N.Y.S.2d 217

2012 NY Slip Op 640

23 EAST 10 L.L.C., Formerly Known as CORBO COMPANY, et al., Respondents, v. ALBERT APARTMENT CORP., Appellant.

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

Decided January 31, 2012.

The landlord's argument that the sidewalk hatch that accesses the basement portion of the premises is a "mere convenience" and is "not essential" to its use as a restaurant is unavailing. As the motion court found, uncontroverted deposition testimony from the subtenant pizzeria's owner established that the daily use by the pizzeria of the hatch entrance for deliveries and garbage removal, and the added expense incurred by the pizzeria...

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