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MATTER OF NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY v. SLANE COMPANY, LTD.

61 A.D.3d 488 (2009)

877 N.Y.S.2d 47

In the Matter of NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Petitioner, and GREENTREE PROPERTIES, LLC, Respondent, v. SLANE COMPANY, LTD., Appellant.

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

Decided April 14, 2009.

The clause in claimant's lease waiving its right to compensation in condemnation awards precludes it from asserting leasehold claims and from participating in any fee simple award payable to the landlord (see Matter of New York State Urban Dev. Corp. v Nawam Entertainment, Inc., 57 A.D.3d 249, 250 [2008]). No compensable tenant improvements, as defined under the lease, existed on the property at the time of the condemnation.

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