West Broadway Glass Co. v. I.T.M. Bar Inc.

*322OPINION OF THE COURT

Final judgment entered August 21, 1995 affirmed, with $25 costs.

The commercial premises was demised for use as a "first class” bar establishment. In order to allow for extensive renovations and construction within the premises, tenant was granted a six-month rent abatement. Because of water penetration emanating from a restaurant occupying the adjacent store and floor above tenant’s space, as well as recurring sewer backups from the common waste line, the parties stipulated that tenant would receive an additional four-month abatement (through Oct. 1994). The stipulation…