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SECOND ON SECOND v. HING SING

5013N.

66 A.D.3d 255 (2009)

884 N.Y.S.2d 353

SECOND ON SECOND CAFÉ, INC., Respondent, v. HING SING TRADING, INC., Appellant.

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

Decided July 21, 2009.

Attorney(s) appearing for the Case

Finkelstein Newman Ferrara LLP, New York City (Barry Gottlieb and Jonathan H. Newman of counsel), for appellant.

Schrader & Schoenberg, LLP, New York City (Bruce A. Schoenberg of counsel), for respondent.

MAZZARELLI, J.P., SAXE, ACOSTA and DeGRASSE, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

"When premises are leased for an expressed purpose, everything necessary to the use and enjoyment of the demised premises for such expressed purpose must be implied where it is not expressed in the lease" (Gans v Hughes, 14 N.Y.S. 930, 931 [Brooklyn City Ct 1891], citing Kelsey v Durkee, 33 Barb 410 [Sup Ct, NY County 1861]; see also 1 Ambert, McAdam on Landlord and Tenant § 86, at 330 [5th ed]...

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