477 EQUITIES CORP v. BOSHA BROOME STREET HOLDING INC (2002)

Supreme Court, Appellate Division, First Department, New York.

477 EQUITIES CORP., et al., Plaintiffs-Respondents, v. BOSHA'S BROOME STREET HOLDING, INC., etc., Defendant-Appellant.

Decided: March 21, 2002

ANDRIAS, J.P., BUCKLEY, SULLIVAN, ELLERIN and LERNER, JJ.

Jeffrey R. Metz, for Plaintiffs-Respondents. Peter E. Vairo, for Defendant-Appellant.

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about August 22, 2001, which denied defendant commercial tenant's motion for summary judgment declaring its right to make certain alterations to its premises located on the ground floor of a building owned and managed by plaintiffs, unanimously affirmed, with costs.

Defendant's claim that plaintiffs consented to the proposed alterations was properly rejected for lack of evidentiary support. To the extent that the motion raised an issue as to whether the exterior ground floor windows that defendant wishes to alter, and which front the building's residential lobby, are within the demised premises or part of the building's common elements, defendant failed to establish its right to summary judgment (CPLR 3212[b],[g] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network