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737 PARK AVE. ACQUISITION LLC v. SHALOV

9902, 110399/11, 590927/11.

106 A.D.3d 513 (2013)

964 N.Y.S.2d 533

2013 NY Slip Op 3434

737 PARK AVENUE ACQUISITION LLC, Plaintiff/ Counterclaim Defendant, v. BARRY SHALOV et al., Defendants/ Counterclaim Plaintiffs. BARRY SHALOV et al., Third-Party Plaintiffs-Appellants, v. KATZ 737 CORPORATION, Third-Party Defendant-Respondent.

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

Decided May 14, 2013.

The 1995 lease upon which defendants, as tenants, base their third-party claims was superseded by the 2009 lease. The 2009 lease stated twice, in boldfaced upper-case letters, that the tenants lacked any right to renewals, and contained a merger clause barring claims under preceding agreements (see Purchase Partners II, LLC v Westreich, 50 A.D.3d 499 [1st Dept 2008], lv denied 12 N.Y.3d 702

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