CECO Studios, L.L.C. v. C & D West 14th Street LLC

Order, Supreme Court, New York County (James A. Yates, J.), entered October 8, 2010, which, insofar as appealed from, denied defendant’s motion to dismiss the first and third causes of action pursuant to CPLR 3211 (a) (7), unanimously reversed, on the law, with costs and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff landlord alleges that defendant tenant breached the parties’ lease by failing to use commercially reasonable efforts to obtain certain governmental approvals that were necessary to use plaintiffs building in a particular manner. The…