BOWLMOR TIMES SQ. LLC v. AI 229 W. 43RD ST. PROP. OWNER, LLC

9152, 9151-650176/11.

106 A.D.3d 646 (2013)

966 N.Y.S.2d 48

2013 NY Slip Op 3800

BOWLMOR TIMES SQUARE LLC, Respondent, v. AI 229 WEST 43RD STREET PROPERTY OWNER, LLC, Appellant, et al., Defendants.

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

Decided May 28, 2013.


Plaintiff's fifth and sixth causes of action seek a declaratory judgment as to when it was required to begin paying rent under the rent commencement date clause of the lease. It provides that the rent commencement date is "the earlier of" (i) 300 days from the date tenant opened for business at the premises, and (ii) 685 days after delivery of possession, subject to landlord delay pursuant to the provisions of lease section 14.04 (B). Plaintiff seeks a declaration that delivery...

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