1400 BROADWAY ASSOCIATES LLC v. 112-1400 TRADE PROPERTIES LLC

10472-100847/09, 10473.

107 A.D.3d 606 (2013)

968 N.Y.S.2d 476

2013 NY Slip Op 4879

1400 BROADWAY ASSOCIATES LLC, Respondent, v. 112-1400 TRADE PROPERTIES LLC, Appellant.

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

Decided June 27, 2013.


The work identified in defendant's December 2, 2008 notice to cure was not subject to the notice and consent requirements of article 9 of the parties' commercial lease, which, read as a whole, requires notice to, and the consent of, the lessor only with respect to work that (1) constitutes a structural change, alteration or restoration to the building; (2) costs more than $200,000 in the aggregate; and (3) is not a necessary repair or required to comply with the law, pursuant...

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