GLAZE TERIYAKI, LLC v. MacARTHUR PROPS. I, LLC

4791, 653883/13.

155 A.D.3d 427 (2017)

65 N.Y.S.3d 127

2017 NY Slip Op 07770

GLAZE TERIYAKI, LLC, Respondent, v. MacARTHUR PROPERTIES I, LLC, Appellant.

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

Decided November 9, 2017.


Plaintiff owns a fast food restaurant. Defendant is plaintiff's landlord. By notice dated October 23, 2013, defendant notified plaintiff that it was in default of the lease due to an improper exhaust system that violated the 2008 New York City Mechanical Code (Administrative Code of City of NY, tit 28, ch 8, MC ch 5 [the Mechanical Code]). On November 7, 2013, plaintiff commenced this action, seeking, inter alia, to enjoin defendant from terminating the lease and a declaration...

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