Legal Opinion

Barnan Associates LLC v. 196 Owners Corp.

New York Court of Appeals

Decided March 25, 2010No. 33PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

Plaintiff Barnan Associates LLC is a commercial tenant on the ground floor of a cooperative apartment building owned by defendant 196 Owners Corp., and located at 196 East 75th Street in New York City. In 1979, prior to the building’s cooperative conversion, Barnan entered into a lease agreement with then landlord, nonparty Robert Olnick Associates. The parties agreed that Barnan would pay “Fixed Net Rent” and “Additional Rent based on Increase in Real…

2Cases cited3 opinions

  1. Raleigh Associates, Inc. v. HenryNew York Court of Appeals · 1951
  2. Fairfax Co. v. Whelan Drug Co.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Park Square Garage, Inc. v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 1967

3Cited by1 opinion

  1. City of New York v. Crest Hous. Co., LLCAppellate Division of the Supreme Court of the State of New York · 2026

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