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URBAN SOCCER, INC. v. ROYAL WINE CORPORATION

161186/15, 3486, 3485.

148 A.D.3d 576 (2017)

2017 NY Slip Op 02146

48 N.Y.S.3d 601

URBAN SOCCER, INC., Appellant, v. ROYAL WINE CORPORATION, Respondent.

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

Decided March 23, 2017.

The unambiguous rider to the sublease gave defendant sublessor the sole right to terminate the sublease and retain plaintiff's deposit if the City of New York did not consent to the sublease within five months of June 11, 2015 (see Rogan LLC. v YHD Bowery Commercial Unit LLC, 132 A.D.3d 612 [1st Dept 2015]). Plaintiff had no right to declare the sublease null and void, and certainly not before the passage of the five-month period...

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