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TERI-NICHOLS INSTITUTIONAL FOOD MERCHANTS, LLC v. ELK HORN HOLDING CORP.

64 A.D.3d 424 (2009)

883 N.Y.S.2d 31

TERI-NICHOLS INSTITUTIONAL FOOD MERCHANTS, LLC, Respondent-Appellant, v. ELK HORN HOLDING CORP., Appellant-Respondent.

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

Decided July 2, 2009.

The parties' sublease expressly made the provisions of the overlease applicable to the sublease. Accordingly, plaintiff's claim that upon expiration of the written sublease there was an oral agreement making it a month-to-month tenant, rather than a holdover tenant, is barred by the express terms of the "no oral modification" and "no waiver" clauses in the lease (see Richardson & Lucas, Inc. v New York Athletic Club of City of N.Y., 304 A.D.2d...

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