44-45 BROADWAY LEASING CO., LLC v. 45TH ST. HOSPITALITY PARTNERS LLC

Index No. 652816/16. Appeal No. 14338. Case No. 2021-02016.

198 A.D.3d 451 (2021)

156 N.Y.S.3d 12

2021 NY Slip Op 05452

44-45 Broadway Leasing Co., LLC, Respondent, v. 45th St. Hospitality Partners LLC et al., Appellants.

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

Decided October 12, 2021.


Attorney(s) appearing for the Case

Newman Ferrara LLP, New York ( Jarred I. Kassenoff of counsel), for appellants.

Pryor Cashman LLP, New York ( Bryan T. Mohler of counsel), for respondent.

Concur— Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.


The motion court properly denied defendants' motion for summary judgment dismissing the complaint upon a finding of issues of fact on whether the tenant failed to comply with any removal obligations under the lease. Plaintiff's planned $40 million renovation, which included reduction of the number of floors in the building and significant demolition of the interior spaces, constitutes an intention to "substantially alter" the building under section 13.01(c) of the parties...

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