Zevnik, Horton, Guibord, McGovern, Palmer & Fognani, LLP v. Sheraton Holding Corp.

Order, Supreme Court, New York County (Edward Lehner, J.), entered October 30, 2002, which, in an action by a subtenant against the main tenants in which each charges the other with breach of the sublease, granted defendants’ motion for summary judgment as to liability on all claims and counterclaims, and directed an assessment of damages, unanimously affirmed, without costs.

Plaintiffs only argument why it is no longer bound by the sublease is that it was constructively evicted from the premises when defendants refused to admit a cleaning crew it had hired some five months after it vacated…