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Landlord & Tenant
Commercial Tenant's Duty to Maintain Premises
Sunoce Properties, Inc. v. Bally Total Fitness of Greater New York, Inc.
NYLJ 3/3/17, p. 37, col. 2
AppDiv, Second Dept
. (memorandum opinion)
In commercial landlord's action against tenant for breach of a lease, landlord appealed from Supreme Court's award of summary judgment to tenant. The Appellate Division reversed and denied the motion, holding that questions of fact remained about whether landlord had waived its right to enforce tenant's duty to keep and maintain the premises in good repair.
The parties entered into a lease in 1975, and extended the lease seven times. The lease required tenant to keep and maintain the premises in good order, condition and repair. When landlord brought this action alleging that tenant had breached the lease, tenant contended that landlord had waived its right because landlord had been alerted to ongoing water damage at the property beginning in 1977 and had continued to accept rent and extend the lease with full knowledge of the water damage. Supreme Court agreed with tenant and awarded summary judgment dismissing the claim. Landlord appealed.
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