Barrow v. Lenox Terrace Development Associates

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered May 11, 2010, which, in an action by a com*458mercial tenant against its landlord for damages allegedly caused by defendant’s termination of the lease after a fire in the leased premises, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Three possible bases for terminating the subject lease as a result of fire are indicated in the lease: (1) the demised premises are rendered “wholly unusable”; (2) whether or not the demised premises are damaged in whole or in part, the…