SUSHI TATSU, LLC v. BENARESH

655216/16, 6974, 6973.

162 A.D.3d 577 (2018)

79 N.Y.S.3d 30

2018 NY Slip Op 04674

Sushi Tatsu, LLC, Respondent, v. Bahram Benaresh, Doing Business as Bahram Benaresh Realty, Appellant.

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

Decided June 26, 2018.


The landlord's inaction in failing to cure the Landmarks violation was the cause of the delay that prevented the tenant from building out the leased premises and therefore justified the tenant's exercise of its option to terminate the lease. The lease acknowledged the existence of a Landmarks violation and expressly imposed on the landlord the obligation to cure it, without any express conditions precedent. It would have improperly negated this express provision to require...

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