PK Restaurant, LLC v. Lifshutz, 138 A.D.3d 434 (2016)

Citation: PK Restaurant, LLC v. Lifshutz, 138 A.D.3d 434 (2016)
Parent Document: PK Restaurant, LLC v. Lifshutz, 138 A.D.3d 434 (2016)
Jurisdiction: New York (state)
Effective Date: 2016-04-05
Original Source: https://www.courtlistener.com/opinion/3191564/pk-restaurant-llc-v-lifshutz/ ↗

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From 1987 until December 2012, Associates owned real property located at 133 East 65th Street. The building was ultimately leased to defendant 133 East 65th Street Corporation (Corporation). As of December 28, 1998, Corporation leased the cellar, basement, and first floor (the premises) to plaintiff’s predecessor through September 30, 2019. From June 1999 through February 8, 2010, plaintiff and its predecessor operated a successful restaurant. However, on the latter date, a fire devastated the premises, forcing plaintiff to vacate. Plaintiff alleges that Corporation failed either to restore the premises or to obtain a new certificate of occupancy so that plaintiff could reopen its restaurant. On or about January 31, 2011, Corporation informed plaintiff that it had ended its (Corporation’s) tenancy with Associates, effective as of September 15, 2010. Thereafter, plaintiff tried unsuccessfully to have Associates restore the premises and obtain the certificate of occupancy.

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