403 EAST 76TH STREET CORP. v. CITY OF NEW YORK

403, 600144/06, 5481, 5480.

157 A.D.3d 638 (2018)

70 N.Y.S.3d 16

2018 NY Slip Op 00518

403 EAST 76TH STREET CORP., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 30, 2018.


Plaintiff is the owner of 411 East 76th Street in Manhattan. In June 2002, plaintiff agreed to lease the building to defendant City of New York so that it could be used as a public high school. Pursuant to the lease, plaintiff agreed to perform certain alterations and improvements to convert the building into a school.

The motion court correctly dismissed plaintiff's claim for payment for "extra work" to replace drywall interior vault room walls with concrete block...

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