Nat's Pizzeria, Inc. v. 165 Lexington Avenue Associates

Order, Supreme Court, New York County (Edward Lehner, J.), entered November 20, 2001, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant landlord was properly granted summary judgment dismissing the complaint alleging causes for breach of contract and fraud. Plaintiff tenant’s breach of contract cause was demonstrably without merit as the evidence showed that plaintiff accepted the leased premises in “as is” condition after having been afforded several opportunities for their inspection, and that it was…