721 Fruit & V. Mkt., Inc. v. Stavia LLC

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered May 29, 2012, which, insofar as appealed from as limited by the briefs, (1) granted defendant landlord Stavia LLC’s (landlord) motion for partial summary judgment dismissing plaintiff tenant 721 Fruit & Y. Mkt., Inc.’s (tenant) breach of contract claim, and (2) denied tenant’s cross motion for partial summary judgment on its claims, unanimously affirmed, without costs.

Tenant entered into a lease agreement with landlord’s predecessor to rent the subject premises. Paragraph 46 (b) of the lease provided that the predecessor…