Braverman Greenspun partner Mitchell Zingman secured a decision from the New York State Supreme Court, Appellate Division, First Department in favor of his client, Canal Rubber, in an elevator access dispute between Canal Rubber and the owner of its building. Canal Rubber sought to amend its complaint against the building owner to add claims for actual eviction due to the owner’s denial of timely same-day street-level elevator access and related injunctive relief. The New York County Supreme Court denied this motion and the Appellate Division reversed.
The Appellate Division ruled that lease agreements do not need to specifically mention “appurtenances” for them to be considered part of the tenant’s rights. Canal Rubber claimed that since it began leasing the premises, it had relied on extensive access to the elevator for its business operations. Canal Rubber asserted that it requires continued same-day, street-level elevator access as an appurtenance to its lease due to the unpredictable nature of delivery schedules. The court found that the proposed complaint amendments were legally viable and not “palpably insufficient,” allowing Canal Rubber to proceed with its new claims.
A copy of the decision can be found here.