Ackerman v. D'Agostino Supermarkets, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*673Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered July 30, 2010, which, in an action seeking damages arising out of a warehouse fire, denied plaintiff owners’ motion for summary judgment on their first cause of action for breach of the parties’ lease against defendant tenant D’Agostino Supermarkets, Inc., unanimously affirmed, without costs.
In their first cause of action, plaintiffs alleged that D’Agostino breached the parties’ lease by failing to maintain the fire alarm and sprinkler systems, and that such failure resulted in damage to the subject premises. Contrary to the…
2Cases cited4 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
- Jorgensen v. Century 21 Real Estate Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Stratus Services Group, Inc. v. Kash 'N Gold, Ltd.Appellate Division of the Supreme Court of the State of New York · 2011