CHAITMAN v. MOEZINIA

9886A. 653037/12. 9886.

178 A.D.3d 642 (2019)

115 N.Y.S.3d 283

2019 NY Slip Op 09396

Jennifer Chaitman et al., Appellants, v. Francis Moezinia et al., Defendants, and FSM Holdings II, LLC, et al., Respondents. (And Third-Party Actions.)

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

Decided December 26, 2019.


Attorney(s) appearing for the Case

Chaitman LLP, New York ( Helen Davis Chaitman of counsel), for appellants.

Bonner Kiernan Trebach & Crociata LLP, New York ( Alan R. Levy of counsel), for respondents.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.


While the motion court correctly denied plaintiffs' motion for partial summary judgment on the claim for a full rent abatement, it should not have dismissed the claim to the extent it was based on paragraph 26 of the lease, which provides that "if more than thirty percent (30%) of the demised premises is damaged or affected thereby and the demised premises cannot be open for business to the general public, then all rent and additional rent shall be fully abated until it can...

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