MATTER OF METROPOLITAN TRANSP. AUTH.

401189/08, -401190/08, 15655N, 401191/08, 15654N, 15653N

130 A.D.3d 471 (2015)

13 N.Y.S.3d 80

2015 NY Slip Op 05897

In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY. 196 BWAY FOOD COURT, INC., Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY, Respondent. In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY. 196 BWAY KFC, INC., Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY, Respondent. In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY. 196 BWAY TGI, INC., Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY, Respondent.

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

Decided July 7, 2015.


Because the relief sought by MTA was ultimately to limit evidence at trial of those fixtures which, under the terms of the leases, claimants had no right to remove from the demised premises, these were motions in limine which were timely made by MTA.

A reading of the plain terms of the leases, most particularly article 54 (B) thereof, indicates that claimants were not entitled to remove from the demised premises existing fixtures, furniture or new furniture, and were...

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