J-LINE INC. v. LEGGETT AVE. & SO. BLVD. REALTY CORP.

16470, 20295/14E.

134 A.D.3d 584 (2015)

23 N.Y.S.3d 167

2015 NY Slip Op 09386

J-LINE INC., Appellant, v. LEGGETT AVE. & SO. BLVD. REALTY CORP., Respondent.

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

Decided December 22, 2015.


The first cause of action, for breach of the parties' lease, and the second cause of action, for negligence, are based on defendant landlord's alleged failure to maintain its building. In particular, plaintiff tenant asserts that a vacate order issued by the New York City Department of Buildings forced it to vacate the building due to defendant's failure to maintain the "masonry bearing walls" and the "main roof bow truss framing." The lease, however, shows that plaintiff...

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