FIFTH AVE. CENTER, LLC v. DRYLAND PROPERTIES, LLC

3644, 652724/15.

149 A.D.3d 445 (2017)

2017 NY Slip Op 02732

52 N.Y.S.3d 39

FIFTH AVE. CENTER, LLC, Appellant, v. DRYLAND PROPERTIES, LLC, Respondent.

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

Decided April 6, 2017.


The parties' lease provides that, in the event plaintiff tenant complies with the material terms of the lease, its security deposit will be returned after the date fixed as the end of the lease, i.e., June 12, 2028. Plaintiff alleges that it terminated the lease, or was constructively evicted, due to material breaches by defendant landlord, in 2015. To the extent plaintiff is able to show its entitlement to recover the security deposit in these circumstances, it need not...

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