BARBES RESTAURANT INC. v. ASRR SUZER 218, LLC

1194N, 161108/15.

140 A.D.3d 430 (2016)

33 N.Y.S.3d 43

2016 NY Slip Op 04331

BARBES RESTAURANT INC., Respondent, v. ASRR SUZER 218, LLC, Appellant.

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

Decided June 7, 2016.


Pursuant to a lease and rider dated November 17, 2003, plaintiff leased the one-story commercial space, located at 19-21 East 36th Street in Manhattan (19-21), from defendant's predecessor in interest. Pursuant to a March 31, 2009 modification, the lease term was extended through March 31, 2019. Over the course of its tenancy, plaintiff invested approximately $1,000,000 in improvements to the restaurant that it operates at the premises.

In February 2015, defendant...

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