Bon LLC v. Fook Luk Realty Inc.

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered November 6, 2014, which denied plaintiff tenant’s motion for a preliminary injunction seeking to compel defendant landlord to remove obstacles to obtaining a certificate of occupancy by constructing a second means of egress for the building’s upper floors, and to consolidate the Civil Court nonpayment proceeding with this action, unanimously affirmed, without costs.

Although the lease does not require defendant to obtain a certificate of occupancy or create a second means of egress, it states that the premises are to be…