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ROSE GROUP PARK AVE. LLC v. THIRD CHURCH CHRIST, SCIENTIST, OF NEW YORK CITY

651390/19, Appeal No. 16194, Case No. 2022-00944.

206 A.D.3d 546 (2022)

168 N.Y.S.3d 821

2022 NY Slip Op 04113

Rose Group Park Avenue LLC, Respondent, v. Third Church Christ, Scientist, of New York City, Appellant.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Landy Wolf, PLLC, New York (David A. Wolf of counsel), for appellant.

Seyfarth Shaw LLP, New York (Eddy Salcedo of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

With respect to plaintiff's claim for lost profits, even assuming that the parties' lease contains a valid exculpatory clause precluding the recovery of consequential damages, plaintiff raised issues of fact as to whether defendant acted in bad faith in maintaining scaffolding around the building for more than three years (see Kalisch-Jarcho, Inc. v City of New York, 58 N.Y.2d 377, 384-385 [1983]).

Issues of fact exist as...

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