Legal Opinion

V & J Inc. v. 2320 Route 112, LLC

Appellate Terms of the Supreme Court of New York

Decided July 19, 2006PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Final judgment modified by reducing the monetary award in favor of landlord to the sum of $18,047; as so modified, affirmed without costs.

In this commercial nonpayment proceeding, tenant asserted, as affirmative defenses, that landlord breached the lease, that tenant was constructively evicted from the premises, and that, under the terms of the lease, tenant was relieved of its obligation to pay rent during the period that the premises were unusable. In addition, tenant interposed counterclaims seeking to recover, inter alia, lost profits and the cost of repairs…

2Cases cited3 opinions

  1. Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
  2. City of New York v. CandelarioAppellate Division of the Supreme Court of the State of New York · 1996
  3. Sutherland v. GlennonAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by2 opinions

  1. 4702 Chiel Kurtz Realty, LLC v. MolanoAppellate Terms of the Supreme Court of New York · 2012
  2. Lucas v. Florent, Inc.Civil Court of the City of New York · 2008

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