225 EAST 64TH ST., LLC v. PRYSTOWSKY

7940, 651095/10, 590807/10.

96 A.D.3d 536 (2012)

947 N.Y.S.2d 27

2012 NY Slip Op 4829

225 EAST 64TH STREET, LLC, Respondent-Appellant, v. JANET H. PRYSTOWSKY, M.D. P.C., Defendant/Third-Party Plaintiff-Appellant-Respondent. NOYACK MEDICAL PARTNERS LLC et al., Third-Party Defendants-Respondents.

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

June 14, 2012.


Defendant was prevented from using the demised premises, which it leased from plaintiff, for most of the period during which the owner of the building performed repairs to the area of the roof directly above and adjacent to those premises. Although plaintiff assured defendant that its dermatological practice would not be disturbed by the roof repair, the demised premises became unusable due, in part, to the poor air quality, and when plaintiff's attempts to resolve the problem...

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