Rascoff Zysblat Organization v. Directors Guild of America

(Sup. Ct. N.Y. Cty. 5/2/01)

We represented: Defendant

DECISION and ORDER Defendant moves to dismiss plaintiff's first through fifth causes of action and first through thirteenth affirmative defenses and severing defendant's first counterclaim.

Defendant DGA is the owner and landlord of a commercial building located at 110 West 57^th Street.

The landlord shall have the right to terminate the lease if the building is to be sold, renovated, demolished or converted to cooperative or condominium ownership. The landlord invoked the early termination procedure and gave the tenant 180 days notice of termination as was required. Defendant invoked the earlier termination procedure relying on the Construction Manager agreement on the theory that by hiring a Construction Manager, it complied with the lease provision allowing for early termination of the Lease. Plaintiff contends that this contract above is not sufficient to comply with the Lease.

DGA entered into a valid enforceable contract with Cauldwell Wingate to act as its Construction Manager. The evidence clearly shows development of the building and/or premises which comply with the lease. The scope of the project exceeds the requirement to bring in paragraph 5 of the lease.

The motion for summary judgment made by the defendant is granted.

The cross motion of the Defendant is denied as moot.