Legal Opinion
Eastside Exhibition Corp. v. 210 East 86th Street Corp.
New York Court of Appeals
Decided February 21, 2012No. 21PublishedCited by 20 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OP THE COURT
Ciparick, J.
In this appeal, we are asked to consider whether a minimal and inconsequential retaking of space that has been leased to a commercial tenant constitutes an actual partial eviction relieving the tenant from all obligation to pay rent. We conclude, under the circumstances of this case, where such interference by a landlord is small and has no demonstrable effect on the tenant’s use and enjoyment of the space, total rent abatement is not warranted.
*620I
In February 1998, plaintiff Eastside Exhibition Corp. entered into a lease with defendant 210 East 86th Street Corp.…
2Cases cited10 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Edgerton v. . PageNew York Court of Appeals · 1859
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Lounsbery v. . SnyderNew York Court of Appeals · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Cohen v. CASSM Realty Corp.New York Supreme Court · 2016
- Umlas v. BrittonAppellate Division of the Supreme Court of the State of New York · 2023
- ZMoore, Ltd. v. Kingman Management LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Barton Hall, LLC v. AFIAA 158 W. 27th St., LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Barton Hall, LLC v. AFIAA 158 W. 27th St., LLCAppellate Division of the Supreme Court of the State of New York · 2023
15 more not listed; retrieve them via the Exa API.