CECO STUDIOS, L.L.C. v. C & D WEST 14TH STREET LLC

7123, 600744/10.

93 A.D.3d 529 (2012)

940 N.Y.S.2d 260

2012 NY Slip Op 2044

CECO STUDIOS, L.L.C., Respondent, v. C & D WEST 14TH STREET LLC, Appellant.

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

Decided March 20, 2012.


Plaintiff landlord alleges that defendant tenant breached the parties' lease by failing to use commercially reasonable efforts to obtain certain governmental approvals that were necessary to use plaintiff's building in a particular manner. The motion court found, and plaintiff does not dispute, that this failure was not an Event of Default, as defined in the lease; therefore, neither article 3 (b) (2) nor 19 (b) (3) applies, and the only allegation of damages in the first...

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