CRS Realty Assoc., Inc. v 235 Tenth Ave. Car Wash Inc.

[*1] CRS Realty Assoc., Inc. v 235 Tenth Ave. Car Wash Inc. 2015 NY Slip Op 50320(U) Decided on March 16, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 16, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570559/14

CRS Realty Associates, Inc., Petitioner-Landlord-Respondent, -

against

235 Tenth Avenue Car Wash Inc., Respondent-Tenant, - and - Manhattan Car Wash Inc., Respondent-Appellant.

Respondent Manhattan Car Wash Inc. appeals from (1) an order of the Civil Court of the City of New York, New York County (Lynn R. Kotler, J.), dated May 16, 2014, which granted petitioner-landlord's motion for summary judgment of possession in a holdover summary proceeding, and (2) an order (same court and judge), dated July 28, 2014, which denied appellant's motion for leave to renew and reargue the aforesaid order.

Per Curiam.

Orders (Lynn R. Kotler, J.), dated, respectively, May 16, 2014 and July 28, 2014, insofar as appealable, affirmed, with one bill of $10 costs, for the reasons stated by Lynn R. Kotler, J. at Civil Court.

Petitioner-landlord was properly awarded summary judgment of possession on the holdover petition. The summary judgment record established, without refutation, that the (nonappealing) commercial tenant failed to timely cure - or obtain Yellowstone relief extending the time to cure - its demonstrated violations of the governing lease agreement requiring tenant to maintain a $1 million liability insurance policy naming itself as insured, and full replacement fire and casualty insurance with extended coverage of at least $500,000, as well as to correct record violations relating to an adjacent sidewalk. It is of no moment that tenant's sublessee may have carried adequate insurance, inasmuch as a building owner is not required to accept a subtenant's performance of a lease obligation in lieu of that of the tenant with whom the owner is in privity (see 166 Enters. Corp. v I G Second Generation Partners, L.P., 81 AD3d 154, 158 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: March 16, 2015