ERMENEGILDO ZEGNA CORPORATION v. L&M 825 LLC

7742. 655204/16.

166 A.D.3d 562 (2018)

86 N.Y.S.3d 873

2018 NY Slip Op 08181

Ermenegildo Zegna Corporation, Respondent, v. L&M 825 LLC, Appellant.

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

Decided November 29, 2018.


The parties entered into a commercial real estate contract for plaintiff to use three floors of defendant's building as retail space. Prior to the lease, the premises and an adjacent property were a single combined space, occupied by one retail store. The parties agreed that the defendant would divide the space into two retail stores. After the dividing wall was erected, the parties discovered that it eliminated one of the required exits for the upper two floors of plaintiff...

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