Amdar Co. v. Hahalis

OPINION OF THE COURT

Louis B. York, J.

This is a commercial nonpayment of rent proceeding. From the facts gleaned from the pleadings, it appears that respondent occupies the 10th floor in a building at 78 5th Avenue. Respondent is engaged in a recording business at the subject premises. Equipment is often brought to the premises by *352customers and obviously carried to respondent’s 10th floor premises via the single elevator in the building.

Early in the summer of 1989, the respondent alleges that the elevator stopped functioning but eventually functioned again, although improperly. Respondent…