Greentree Properties, LLC v. Slane Co.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered October 31, 2007, which granted respondent Greentree’s motion to dismiss claimant Slane’s leasehold claim, and order, same court and Justice, entered February 11, 2008, which, to the extent appealable, adhered upon renewal, to the prior decision, unanimously affirmed, without costs.

The clause in claimant’s lease waiving its right to compensation in condemnation awards precludes it from asserting leasehold claims and from participating in any fee simple award payable to the landlord (see Matter of New York State Urban Dev.…