Airport Lodge of Rochester, Inc. v. Brooks-Buell, Inc.

Judgment unanimously affirmed, with costs. Memorandum: Trial Term held that because the lessee decided not to terminate the lease, the partial appropriation constituted a “ widening ” of Brooks Avenue and fell within an exception contained in paragraph 26 of the lease. The court concluded, therefore, that the lessee was entitled to an apportionment of the proceeds of the appropriation instead of an equitable reduction in the annual rental during the remaining 93 years of the term of the lease. Since the appropriation closed off all direct access to and from Brooks Avenue, it eonstitutéd more…