MR. HAM, INC. v. PERLBINDER HOLDINGS, LLC

12258-650497/08 12259

116 A.D.3d 577 (2014)

983 N.Y.S.2d 729

2014 NY Slip Op 2693

MR. HAM, INC., et al., Respondents, v. PERLBINDER HOLDINGS, LLC, Appellant.

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

Decided April 17, 2014.


The motion court did not misconstrue the facts in finding, inter alia, that the owner's unanticipated renovation of the premises, including the removal of an existing kitchen and equipment, deprived plaintiff commercial tenant of its consideration and frustrated its purpose. Rescission was properly awarded because damages to allow the tenant to restore the premises would have been an insufficient remedy in light of the interminable renovations that continued to delay its...

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