AEROTEK, INC. v. 757 3RD AVE. ASSOC., LLC

6777, 654294/16.

162 A.D.3d 419 (2018)

74 N.Y.S.3d 740

2018 NY Slip Op 03943

Aerotek, Inc., et al., Respondents, v. 757 3rd Avenue Associates, LLC, Appellant, et al., Defendant.

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

Decided June 5, 2018.


Plaintiffs seek to recover tenant improvement costs pursuant to two leases. Defendant landlord and seller, 757 3rd Avenue Associates, LLC, argues that plaintiffs are estopped to assert their right to reimbursement because they executed tenant estoppel certificates stating that defendant 757 was not in material default of the leases and that they had no further rights to receive landlord contributions for tenant improvements. Since...

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