Solow v. Avon Products, Inc.

—Order, Supreme Court, New York County (Walter Tolub, J.), entered August 6, 2001, which, upon the parties’ respective motions for summary judgment, declared that defendant tenant is not responsible for asbestos abatement associated with the restoration work it is required to perform upon termination of the lease, and denied plaintiff landlord’s motion for summary judgment on its cause of action for breach of the restoration provisions of the lease, unanimously affirmed, without costs.

The declaration was correctly made on the basis of Chemical Bank v Stahl (272 AD2d 1), holding that “absent a…