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WAVERLY STORES ASSOC. v. WAVERLY MEWS CORP.

Index No. 156981/18. Appeal No. 14019. Case No. 2020-03209.

195 A.D.3d 482 (2021)

144 N.Y.S.3d 865

2021 NY Slip Op 03566

Waverly Stores Associates, Respondent, v. Waverly Mews Corp., Appellant.

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

Decided June 8, 2021.

Attorney(s) appearing for the Case

Romer Debbas, LLP, New York ( Steven Kirkpatrick of counsel), for appellant.

Pryor Cashman LLP, New York ( Steven M. Rabinowitz of counsel), for respondent.

Concur—Renwick, J.P., Kern, Scarpulla, Mendez, JJ.

The court properly denied defendant landlord's motion for summary judgment. Defendant failed to establish, as a matter of law, that its proposed insurance requirements were automatically deemed reasonable by operation of the stipulation signed by the parties. The stipulation referred to a chart listing alleged insurance deficiencies, provided a means of objecting if plaintiff tenant found the insurance requirements to be unreasonable...

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