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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012)

Citation
225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012)
Parent Document
225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012)
Jurisdiction
New York (state)
Effective Date
2012-06-14

Full Text

1,016 chars
Defendant was prevented from using the demised premises, which it leased from plaintiff, for most of the period during which the owner of the building performed repairs to the area of the roof directly above and adjacent to those premises. Although plaintiff assured defendant that its dermatological practice would not be disturbed by the roof repair, the demised premises became unusable due, in part, to the poor air quality, and when plaintiffs attempts to resolve the problem failed, defendant was forced to find another location in which to operate a portion of its practice. Since plaintiff failed to meet its responsibility for supplying defendant with air-conditioning and proper ventilation, defendant is entitled to summary judgment on its claim of constructive eviction during the approximately one-month period in which the roof repairs were performed (see Pacific Coast Silks, LLC v 247 Realty, LLC, 76 AD3d 167, 172 [2010], citing Barash v Pennsylvania Term. Real Estate Corp., 26 NY2d 77, 83 [1970]).