Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue Associates

Order and judgment (one paper), Supreme Court, New York County (Elliott Wilk, J.), entered on or about December 10, 1996, which, inter alia, dismissed so much of plaintiff tenant’s action against defendant landlord as is based on the claim that defendant’s project to replace two elevators with three smaller elevators resulted in a reduction of elevator service that constituted an actual partial eviction of plaintiff, suspending plaintiff’s obligation to pay rent and to replenish the security drawn down by defendant when plaintiff did not pay rent, unanimously affirmed, with costs.

Since the…