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VALENTINO U.S.A., INC. v. 693 FIFTH OWNER LLC

652605/20. Appeal No. 15467. Case No. 2021-01099.

203 A.D.3d 480 (2022)

160 N.Y.S.3d 858

2022 NY Slip Op 01431

Valentino U.S.A., Inc., Appellant, v. 693 Fifth Owner LLC, Respondent.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

Newman Ferrara LLP, New York (Jarred I. Kassenoff of counsel), for appellant.

Cyruli Shanks & Zizmor LLP, New York (Robert J. Cyruli of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.

The motion court properly found that the complaint failed to state a claim under the lease or in equity. As an initial matter, the "narrow" doctrine of frustration of purpose is inapplicable here, where the purpose of the contract has not been completely thwarted (see Crown IT Servs., Inc. v Koval-Olsen, 11 A.D.3d 263, 265 [1st Dept 2004]). Contrary to plaintiff's contention, frustration of purpose is not implicated by temporary...

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