Wilfred Laboratories, Inc. v. Fifty-Second Street Hotel Associates

Appellate Division of the Supreme Court of New York

Wilfred Laboratories, Inc. v. Fifty-Second Street Hotel Associates

100 A.D.2d 763, 474 N.Y.S.2d 38, 1984 N.Y. App. Div. LEXIS 17861

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

DecidedApril 5, 1984

StatusPublished

This text of 100 A.D.2d 763 (Wilfred Laboratories, Inc. v. Fifty-Second Street Hotel Associates) 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

Wilfred Laboratories, Inc. v. Fifty-Second Street Hotel Associates, 100 A.D.2d 763, 474 N.Y.S.2d 38, 1984 N.Y. App. Div. LEXIS 17861 (N.Y. Ct. App. 1984).

Pincite

Opinion

Order of the Supreme Court, New York County (Martin Evans, J.), dated July 7,1983 which, in part, denied the plaintiff-appellant’s motion for summary judgment, unanimously modified, on the law, to grant additional partial summary judgment in favor of plaintiff for restitution of rent paid for the period May, 1982 to June, 1983 and otherwise affirmed, without costs. H The defendants are engaged in the construction of a 26-story addition to an existing four-story building at 1657 Broadway, in which building the plaintiff is the only tenant on the second, third and fourth floors. 11 The plaintiff sought to enjoin the construction of the addition and to withhold rent and to obtain a refund of rent paid during the period involved. H The lease between the plaintiff and the landlord provided that upon six months’ notice, the landlord could construct the addition. However, it also provided that the tenant would not have to pay rent during a period of construction. 11 The court, at Special Term, properly determined that the construction could not be enjoined and further that the plaintiff need not pay rent in accordance with the terms of the lease. However, it did not provide for restitution of the rent already paid under protest, and we grant such restitution of rent paid for the period May, 1982 to June, 1983. Concur — Murphy, P. J., Kupferman, Sandler, Ross and Silverman, JJ.

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Order of the Supreme Court, New York County (Martin Evans, J.), dated July 7,1983 which, in part, denied the plaintiff-appellant’s motion for summary judgment, unanimously modified, on the law, to grant additional partial summary judgment in favor of plaintiff for restitution of rent paid for the period May, 1982 to June, 1983 and otherwise affirmed, without costs. H The defendants are engaged in the construction of a 26-story addition to an existing four-story building at 1657 Broadway, in which building the plaintiff is the only tenant on the second, third and fourth floors. 11 The plaintiff sought to enjoin the construction of the addition and to withhold rent and to obtain a refund of rent paid during the period involved. H The lease between the plaintiff and the landlord provided that upon six months’ notice, the landlord could construct the addition. However, it also provided that the tenant would not have to pay rent during a period of construction. 11 The court, at Special Term, properly determined that the construction could not be enjoined and further that the plaintiff need not pay rent in accordance with the terms of the lease. However, it did not provide for restitution of the rent already paid under protest, and we grant such restitution of rent paid for the period May, 1982 to June, 1983. Concur — Murphy, P. J., Kupferman, Sandler, Ross and Silverman, JJ.

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Bluebook (online)

100 A.D.2d 763, 474 N.Y.S.2d 38, 1984 N.Y. App. Div. LEXIS 17861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilfred-laboratories-inc-v-fifty-second-street-hotel-associates-nyappdiv-1984.