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JFK HOLDING CO v. CITY OF NY

No. 196.

21 N.Y.3d 722 (2013)

2013 NY Slip Op 7512

JFK HOLDING COMPANY LLC et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and THE SALVATION ARMY, Appellant.

Court of Appeals of New York.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft LLP, New York City ( Cathy H. Chin and Jared L. Facher of counsel), for appellant.

Kasowitz, Benson, Torres & Friedman LLP, New York City ( Jennifer S. Recine and Michael J. Bowe of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and ABDUS-SALAAM concur; Judge RIVERA taking no part.

OPINION OF THE COURT

SMITH, J.

Plaintiffs leased a building to The Salvation Army, which operated it as a homeless shelter under an agreement with the City of New York. The lease was terminated, and plaintiffs now seek damages from The Salvation Army, claiming that the leased premises were returned in bad condition. We hold that plaintiffs' claim is barred by the plain language of the Lease.

I

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