Rogan LLC v. YHD Bowery Commercial Unit LLC

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered July 8, 2014, which denied defendant’s motion for summary judgment on its counterclaims, and granted plaintiffs’ cross motion for summary judgment declaring that they are not obligated under the parties’ agreements to pay any part of the facade restoration assessment levied against defendant was charged, unanimously affirmed, with costs.

The unambiguous language of the lease agreement between plaintiff Rogan, as tenant, and defendant landlord does not require Rogan to pay any part of the facade assessment levied against…