CAREY & ASSOC. LLC v. 521 FIFTH AVE. PARTNERS, LLC

15648, 650165/08

130 A.D.3d 469 (2015)

13 N.Y.S.3d 387

2015 NY Slip Op 05895

CAREY & ASSOCIATES LLC, Appellant, v. 521 FIFTH AVENUE PARTNERS, LLC, et al., Respondents, et al., Defendant.

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

Decided July 7, 2015.


The court correctly dismissed plaintiff's rent overcharge claim. Pursuant to the applicable lease agreement, plaintiff's responsibility to pay rent began on March 21, 2003—the date it signed the substantial completion letter without objection and began occupying the premises for business purposes. Defendant did not allow plaintiff to occupy the premises before the rent commencement date.

The court correctly dismissed the actual eviction and breach of the covenant...

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