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WITTY v. WALLACE

2018-08846, Index No. 25191/13.

176 A.D.3d 906 (2019)

107 N.Y.S.3d 871

2019 NY Slip Op 07316

Starr Witty, Appellant, v. Martin R. Wallace et al., Respondents.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Law Offices of Daniel A. Zahn, P.C., Holbrook, NY, for appellant.

Glynn Mercep & Purcell, LLP, Stony Brook, NY ( A. Craig Purcell and Scott B. MacLagan of counsel), for respondents.

Balkin, J.P., Chambers, Austin and LaSalle, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff and the defendant Judith Wallace are each 50% owners of 1650 Fifth Avenue Corp., Inc. (hereinafter the corporation), which owns a commercial building that it leases to JPMorgan Chase Bank (hereinafter the tenant) pursuant to a triple-net lease. In 2010, the tenant was granted a lease extension, which included a rent reduction. The plaintiff thereafter commenced this action, individually and on behalf of...

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