Legal Opinion

Wolf v. 2539 Realty Associates

Appellate Division of the Supreme Court of the State of New York

Decided September 6, 1990PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Rubin, J.

At issue on this appeal is who, as between the landlord and the tenant, should bear the cost of alteration to a building component which remains functional but which nevertheless requires extensive modification as a result of governmental action.

Plaintiff is the lessee of space on the first four floors and a *13portion of the basement of the subject premises which he utilizes as a parking garage. Defendants are the owner, general partner and managing agent (collectively The Landlord) of the building. At the time of its construction in 1963, the structural steel…

2Cases cited4 opinions

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  2. Bush Terminal Associates v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Kaufman v. City of New YorkDistrict Court, S.D. New York · 1989
  4. SKD Enterprises, Inc. v. L & M Offset Inc.Civil Court of the City of New York · 1971

3Cited by18 opinions

  1. Fresh Cut, Inc. v. FazliIndiana Supreme Court · 1995
  2. Chemical Bank v. StahlAppellate Division of the Supreme Court of the State of New York · 2000
  3. Brown v. GreenCalifornia Supreme Court · 1994
  4. Linden Boulevard, L. P. v. Elota Realty Co.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Hadian v. SchwartzCalifornia Supreme Court · 1994

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