AMERICAN YOUTH DANCE THEATER, INC. v. 4000 EAST 102ND STREET CORP.

11255, 650052/17.

181 A.D.3d 486 (2020)

117 N.Y.S.3d 847

2020 NY Slip Op 01706

The American Youth Dance Theater, Inc., Appellant, v. 4000 East 102nd Street Corp., Respondent.

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

Decided March 12, 2020.


The court correctly concluded that article 4 of the parties' lease precludes plaintiff from claiming the damages it seeks in this action, namely, an "allowance to [plaintiff] for the diminution of rental value" or for liability on defendant's part "for any inconvenience, annoyance, or injury to business arising from defendant's failure to make repairs" (see After Midnight Co. LLC v MIP 145 E. 57th St., LLC, 146 A.D.3d 446, 447 [1st...

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