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W. BROADWAY GLASS v. ITM BAR

171 Misc.2d 321 (1996)

658 N.Y.S.2d 162

West Broadway Glass Company, Appellant, v. I.T.M. Bar Inc., Respondent.

Supreme Court, Appellate Term, First Department.

December 20, 1996

Attorney(s) appearing for the Case

Bragar & Wexler, P. C., New York City (Raymond A. Bragar of counsel), for appellant. Wormser, Kiely, Galef & Jacobs, New York City (Alan M. Warshauer of counsel), for respondent.

FREEDMAN and DAVIS, JJ., concur; McCOOE, J. P., dissents in part in a separate memorandum.

Per Curiam.

Final judgment entered August 21, 1995 affirmed, with $25 costs.

The commercial premises was demised for use as a "first class" bar establishment. In order to allow for extensive renovations and construction within the premises, tenant was granted a six-month rent abatement. Because of water penetration emanating from a restaurant occupying the adjacent store and floor above tenant's space, as well as...

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