Graubard Mollen v. 600 Third Avenue Assoc

Full title: GRAUBARD MOLLEN HOROWITZ POMERANZ SHAPIRO, Appellant, v. 600 THIRD AVENUE…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 3, 1997

240 A.D.2d 161 (N.Y. App. Div. 1997)

658 N.Y.S.2d 272

Opinion

June 3, 1997

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).

Since the alleged interference with plaintiff's ingress and egress never resulted in denial of access, there was no actual partial eviction, and plaintiff's obligation to pay rent was never suspended ( see, Barash v. Pennsylvania Term. Real Estate Corp., 26 N.Y.2d 77, 82-84). The IAS Court also properly found that the lease was clear in requiring plaintiff to replenish the letter of credit that it had given defendant in lieu of a cash security deposit in the event it was drawn down by defendant to make good a default in the payment of rent.

Concur — Sullivan, J.P., Milonas, Wallach, Tom and Mazzarelli, JJ.