NATIXIS NORTH AMERICA, INC. v. SOLOW BUILDING COMPANY II, L.L.C.


59 A.D.3d 214 (2009)

873 N.Y.S.2d 49

NATIXIS NORTH AMERICA, INC., Respondent, v. SOLOW BUILDING COMPANY II, L.L.C., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 10, 2009.


Unrefuted evidence showed that, contrary to defendant landlord's claim in the notice to cure, plaintiff tenant did not violate the lease agreement by permitting unaffiliated entities to occupy the premises. Plaintiff also established it had not violated the lease in failing to remove refrigerant, as the federal Clean Air Act and its implementing regulations purportedly mandate. The notice to cure fails to assert this breach and...

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