23 East 10 L.L.C. v. Albert Apartment Corp.

The landlord’s argument that the sidewalk hatch that accesses the basement portion of the premises is a “mere conve*574nience” and is “not essential” to its use as a restaurant is unavailing. As the motion court found, uncontroverted deposition testimony from the subtenant pizzeria’s owner established that the daily use by the pizzeria of the hatch entrance for deliveries and garbage removal, and the added expense incurred by the pizzeria for extra worker hours needed due to the impractical and inconvenient use of the pizzeria’s internal stairwell for all restaurant functions, established that…