Eastside Exhibition Corp. v. 210 East 86th Street Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J.
The issue before us is whether a commercial tenant whose landlord takes possession of a minimal and nonessential portion of its demised premises is thereby entitled to an abatement of its entire rental obligation.
Plaintiff holds a lease commencing March 1, 1998 and expiring December 16, 2016 on a two-story space configured as a “quad” movie theater in a seven-story retail and office building owned by defendant at 210 East 86th Street in Manhattan. Article 13 of the lease permits defendant to have access to the demised premises at reasonable times to make repairs…
2Cases cited6 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Appliance Giant, Inc. v. Columbia 90 Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2004
- Camatron Sewing Machine, Inc. v. F.M. Ring Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- 81 Franklin Co. v. GinacciniAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Eastside Exhibition Corp. v. 210 East 86th Street Corp.New York Court of Appeals · 2012
- Eastside Exhibition Corp. v. 210 East 86th Street Corp.New York Court of Appeals · 2012
- Eastside Exhibition Corp. v. 210 East 86th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Eastside Exhibition Corp. v. 210 East 86th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Eastside Exhibition Corp. v. 210 East 86th Street Corp.New York Court of Appeals · 2012
1 more not listed; retrieve them via the Exa API.