AEROTEK, INC. v. MEPT 757 THIRD AVE., LLC

654294/16. Appeal No. 12302. Case No. 2019-04338.

188 A.D.3d 447 (2020)

131 N.Y.S.3d 875

2020 NY Slip Op 06377

Aerotek, Inc., et al., Appellants, v. MEPT 757 Third Avenue, LLC, Defendant, and 757 3rd Avenue Associates, LLC, Respondent.

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

Decided November 10, 2020.


Defendant was not entitled to summary judgment under section 6.5 of the respective leases with plaintiffs. Although defendant asserts that plaintiffs' respective leases were separate obligations and therefore defendant was entitled to deny the entirety of plaintiffs' combined request for reimbursement for their alterations, nothing in section 6.5 of the leases suggests that this is the case (see Vermont Teddy Bear Co. v 538 Madison Realty Co., 1 N...

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