S.E. Nichols, Inc. v. New Plan Realty Trust

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered May 10,1989, which, inter alia, denied defendants’ motion to dismiss the first and second causes of action in the complaint or for summary judgment dismissing those causes of action, unanimously affirmed, without costs.

Plaintiff is the lessee of a 100,000-square-foot discount department store in North Carolina. Defendants are the landlord and managing agent. Plaintiff alleges that from 1986 to 1988, it made repeated requests to defendants for repair or replacement of the roof of the store. However, because defendants failed…