East 35th Street Real Estate Associates v. 24535 Owners Corp.

Appellate Division of the Supreme Court of New York

East 35th Street Real Estate Associates v. 24535 Owners Corp.

198 A.D.2d 14, 604 N.Y.S.2d 719, 1993 N.Y. App. Div. LEXIS 10252

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 1993

StatusPublished

This text of 198 A.D.2d 14 (East 35th Street Real Estate Associates v. 24535 Owners Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

East 35th Street Real Estate Associates v. 24535 Owners Corp., 198 A.D.2d 14, 604 N.Y.S.2d 719, 1993 N.Y. App. Div. LEXIS 10252 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Order, Supreme Court, New York County (William J. Davis, J.), entered on or about January 27, 1993, to the extent it denied [15]*15plaintiffs motion for summary judgment on its first cause of action, unanimously affirmed, without costs.

In this action by a tenant for reimbursement by defendant-landlord, pursuant to Article 9 of the lease and Article 43 of the rider, for the cost of structural repairs necessitated by a fire this Court previously affirmed a denial of summary judgment, finding that questions of fact existed as to whether there was any structural damage (175 AD2d 42). The proof of damages on this subsequent motion is insufficient to establish the structural nature of tenant’s repairs. Concur — Murphy, P. J., Sullivan, Kupferman and Kassal, JJ.

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—Order, Supreme Court, New York County (William J. Davis, J.), entered on or about January 27, 1993, to the extent it denied [15]*15plaintiffs motion for summary judgment on its first cause of action, unanimously affirmed, without costs.

In this action by a tenant for reimbursement by defendant-landlord, pursuant to Article 9 of the lease and Article 43 of the rider, for the cost of structural repairs necessitated by a fire this Court previously affirmed a denial of summary judgment, finding that questions of fact existed as to whether there was any structural damage (175 AD2d 42). The proof of damages on this subsequent motion is insufficient to establish the structural nature of tenant’s repairs. Concur — Murphy, P. J., Sullivan, Kupferman and Kassal, JJ.

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Bluebook (online)

198 A.D.2d 14, 604 N.Y.S.2d 719, 1993 N.Y. App. Div. LEXIS 10252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-35th-street-real-estate-associates-v-24535-owners-corp-nyappdiv-1993.