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CAST IRON CO., LLC v. CAST IRON CORP.

10354. 655399/16.

177 A.D.3d 492 (2019)

112 N.Y.S.3d 75

2019 NY Slip Op 08354

Cast Iron Co., LLC, Respondent, v. Cast Iron Corp., Appellant.

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

Decided November 19, 2019.

The motion court properly concluded that the lease does not unambiguously require the commercial tenant to perform structural repairs to the sidewalk vault adjacent to the leased premises. Although the lease requires the tenant to "maintain" the vault, such a lease provision, without more, does not impose an obligation on the tenant to make structural repairs (see Excelsior 57th Corp. v Excel Assoc., 126...

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