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Case Notes

By ljnstaff | Law Journal Newsletters

In NY: Commercial Tenant's Duty to Maintain Premises

In commercial landlord's action against tenant for breach of a lease, landlord appealed from the New York 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. 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).

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