47 E. 34TH ST. (NY), L.P. v. BRIDGESTREET CORPORATE HOUS., LLC

11048.

180 A.D.3d 525 (2020)

115 N.Y.S.3d 890

2020 NY Slip Op 01124

47 East 34th Street (NY), L.P., Respondent, v. Bridgestreet Corporate Housing, LLC, Appellant.

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

Decided February 18, 2020.


The unambiguous language of the lease between the parties required defendant to operate the building in compliance with the Real Property Tax Law § 421-a abatement program, and defendant admittedly failed to do so. Indeed, defendant concedes that it violated section 8.2 of the lease by failing to offer subleases for the apartments with at least six month terms, but instead argues that because it could have offered "cancelable" six-month leases, plaintiff has no damages...

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