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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

303 Beverly Group, L. L. C. v. Alster, 190 Misc. 2d 69 (2001)

Citation
303 Beverly Group, L. L. C. v. Alster, 190 Misc. 2d 69 (2001)
Parent Document
303 Beverly Group, L. L. C. v. Alster, 190 Misc. 2d 69 (2001)
Jurisdiction
New York (state)
Effective Date
2001-10-23

Full Text

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The court, moreover, cannot be said to have improvidently exercised its discretion, under the circumstances presented, in denying tenant’s request that landlord move the furniture, which in effect would impose upon the landlord the obligation and/or costs of moving the furniture, as part of its duties to do the repairs. Nor could the court read into the stipulation obligations that are not provided for therein. With regard to tenant’s contention that landlord had moved the furniture in the past, and was therefore presently responsible for moving it to make the necessary repairs, the court properly concluded on the motion papers that this was an accommodation that did not create a duty on the part of the landlord to continue to assume such obligation thereafter.