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BLUE WATER REALTY, LLC v. SALON MGT. OF GREAT NECK, CORP.

Index No. 156925/13. Appeal No. 12592-12592A-12592B. Case No. 2020-02046.

189 A.D.3d 496 (2020)

139 N.Y.S.3d 9

2020 NY Slip Op 07450

Blue Water Realty, LLC, Appellant, v. The Salon Management of Great Neck, Corp., Also Known as The Salon Management of Great Neck, Inc., et al., Respondents.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Law Offices of Bernard D'Orazio & Associates, P.C., New York ( Steven G. Yudin of counsel), for appellant.

Jack L. Glasser P.C., Jamaica ( Jack L. Glasser of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

Plaintiff should have been granted summary judgment on its claims for unpaid rent, because repeated leaks and flooding were not the types of casualties contemplated by paragraph 9 of the lease as excusing rent payments. This Court has previously defined the term "casualty" as an "accident" or an "unfortunate occurrence" (see 45 Broadway Owner LLC v NYSA-ILA Pension Trust Fund, 107 A.D.3d 629, 631 [1st Dept 2013], lv denied

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