ZMOORE, LTD. v. KINGMAN MGT. LLC

4813, 113772/11.

154 A.D.3d 603 (2017)

2017 NY Slip Op 07531

63 N.Y.S.3d 346

ZMOORE, LTD., Doing Business as COMMERCE RESTAURANT, Appellant, v. KINGMAN MANAGEMENT LLC et al., Respondents.

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

Decided October 26, 2017.


Plaintiff leased the ground floor and basement from defendants for the operation of its restaurant. In the basement, plaintiff had the exclusive use of approximately 500 square feet of space and a delivery hatch onto the sidewalk; the two areas were connected by a shared common hallway, at the end of which was an elevator designated for defendants' exclusive use. When defendants undertook work to replace the antiquated elevator, they erected a barrier wall in the hallway...

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