45 BROADWAY OWNER LLC v. NYSA-ILA PENSION TRUST FUND

10000-108603/10, 10000A.

107 A.D.3d 629 (2013)

970 N.Y.S.2d 1

2013 NY Slip Op 4895

45 BROADWAY OWNER LLC, Respondent, v. NYSA-ILA PENSION TRUST FUND, Appellant.

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

Decided June 27, 2013.


Plaintiff is the owner and landlord of a building located at 45 Broadway in Manhattan, and defendant was a commercial tenant in the building. When defendant's predecessor was the building tenant, it installed a supplemental HVAC system; that system connected to the building's water risers and remained in operation after defendant took possession of the premises in or around March 2002.

The parties' lease addressed their responsibilities in the event of damage to the...

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