Peach Parking Corp. v. 346 West 40th Street, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mazzarelli, J.P.
This case arises out of Hertz Corporation’s sublease of a garage building located at 346 West 40th Street. Defendant 346 West 40th Street (the Owner) owns the property and the building. Under a February 2, 1978 lease (the Prime Lease), the Owner’s predecessor-in-interest leased the property to defendant Kinney System, Inc. (Kinney). The Prime Lease required Kinney to make all structural and nonstructural repairs to the garage. However, an addendum to the Prime Lease limited Kinney’s liability for structural repairs to $50,000, absent its gross negligence.
On…
2Cases cited9 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Stuart Silver Associates, Inc. v. Baco Development Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Daniels v. Empire-Ore, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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- Long Island Lighting Co. v. Century Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Gomez-Jimenez v. New York Law SchoolNew York Supreme Court · 2012
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