Nordica Soho LLC v. Emilia, Inc.

OPINION OF THE COURT

Order, dated January 30, 2014, affirmed, with $10 costs.

We agree, essentially for reasons stated by Civil Court, that the lease clause at issue, authorizing petitioner landlord, as a successor owner, to “terminate” the governing commercial lease agreement upon 90 days’ notice in the event it “plans to develop a new building,” constituted a conditional limitation (see TSS-Seedman’s, Inc. v Elota Realty Co., 72 NY2d 1024 [1988]; Miller v Levi, 44 NY 489 [1871]; see also 2 Dolan, Rasch’s Landlord and Tenant — Summary Proceedings §§ 23:27, 23:28 [4th ed]), so as to permit…